Being charged with a violent offense is a serious matter. Many assault and battery offenses carry a myriad of negative consequences including probation, jail, reputation damage, and a permanent criminal record. Assault and battery charges are defendable; you should attempt to resolve your case by working with an experienced criminal attorney. Contact us for a personalized consultation.
Pompano Beach Assault & Battery Lawyers
Although assault and battery are commonly termed together, they are two different violations. On the one hand, assault is defined as an intentional act to cause another person to fear that they are about to suffer physical harm. In this case, assault charges can be filed even if the victim is not physically harmed. On the other hand, battery refers to the unjustified, harmful touching of another.
Having one charge without the other is possible. However, in most cases, an assault is followed by a battery. Each state follows different classifications on how to charge assault and battery cases, which is why working with attorneys who specialize in criminal defense as well as personal injury is imperative to navigate the complexities that an assault and battery case entitles.
At LJW Legal, our defense team is well versed in assault and battery cases in South Florida to help guide you through the process of fighting for your rights.
Assault & Battery Cases in Pompano Beach
Assault and battery charges can have irreparable consequences for an individual’s life and future. In South Florida, anyone who has been threatened by another with an intention to harm is considered a victim of assault and thus can proceed by filing a civil lawsuit against the perpetrator.
However, to prove either assault or battery, the victim needs proof of valid threats or evidence of physical contact in other to proceed with the charges. Navigating the evidence will dictate the next steps in an assault and battery case since the victim might sue the perpetrator in civil court or press criminal charges for the injury.
Types of Assault & Battery Cases
Most assault and battery cases can be categorized at different levels. For example, there are first-degree assault cases which are often given the highest level of punishment, these cases often involve the use of a deadly weapon. Second-degree assaults and third-degree assault also incur charges, but the process and punishment are also different. Types of assault and battery cases include:
- When no weapon is involved and minor injuries.
- When there’s evidence of intentions to do extreme harm when the assault is against vulnerable persons.
- When there is evidence of any unwanted sexual activity.
- When there’s harm done within the home typically involving a partner.
In addition, there are other variations of assault charges including assault on a minor, assault on a peace officer, gang assault, and assault with intent to murder. These are all classified as felonies and do carry jail time and fine sentences.
Assault & Battery Victim?
As a victim of an assault and battery case, you have the right to file a civil and criminal claim against those involved. While the definitions of assault and battery cases change by jurisdiction, a crime of this nature is classified as a felony, and it is punishable by one to twenty-five years in prison.
What Kind of Damages Can You Recover?
When the victim files a civil lawsuit against the perpetrator, the case revolves around seeking compensation for the damages caused. In this case, a victim can fight for either compensatory damages or punitive damages.
Seeks to recover compensation from the immediate and future physical injuries, including mental distress, embarrassment, and humiliation. In this case, a victim can also seek compensation from pain and suffering.
Punitive damages can only be obtained to punish the perpetrator for serious behavior. The standards to claim punitive damages are very high and are only awarded on a case-to-case basis, which is why working with an experienced attorney is vital.
Build Your Criminal Defense Team
After an assault and battery situation, building a criminal defense team to present your claim in a civil court is key to winning your case. We understand these cases can be mentally and emotionally exhausting. Our assault and battery attorneys are here to help guide you through the legal process and will not rest until the justice you deserve is served.
Working with an Assault & Battery Attorney in South Florida
If you or someone you know has fallen victim to assault and battery, working with a criminal defense and personal injury attorney can make the difference. Call 954-597-6770 or contact us online to schedule a complimentary, private, and confidential consultation with experienced assault and battery lawyers near you. Our legal team is ready to represent you or your loved ones aggressively.
Don’t leave the threat of harm, the physical harm, or the distress of being involved in an assault and battery case stop you from claiming compensation for your pain and suffering. At LJW Legal, our attorneys are ready to fight for you and your family and hold those responsible accountable for their actions.