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Assault and Battery in California
The state of California views assault and battery as two distinct crimes.
- Assault is when a person willfully threatens a victim with physical violence. They do not have to follow through on this threat for an assault charge to stand. The victim simply needs to feel that the threat is imminent.
- Battery is unlawful physical contact that causes injury. Battery includes sexual crimes like rape and molestation. Police brutality is another form of battery.
Civil Claims for Assault
In civil court, assault and battery are intentional torts. That means they require the plaintiff to prove the defendant deliberately sought to cause harm. In criminal court, the standard is proof “beyond a reasonable doubt.” Civil court requires only a “preponderance of evidence” to find the defendant guilty, so the bar is much lower.
Even so, many assault and battery cases aren't clear-cut and simple. Thus, it can be challenging to prove intent. The defendant may even argue the battery was a reasonable response to your provocation — a common defense in police brutality cases. However, just because a person has the authority to commit battery doesn’t mean they can use unreasonable force.
In California, you can recover damages for medical and psychological treatment, the loss of future earnings, lost wages, and pain and suffering. Having the right legal representation can make all the difference. A good lawyer with experience will assist in gathering evidence and determining whether a civil case is worth pursuing.
The Morgan & Morgan Difference
If you’re a Los Angeles resident who went through an assault or battery, contact Morgan & Morgan immediately. With more than 1,000 attorneys nationwide and billions of dollars recovered, we have the resources and reach necessary to give you the best service possible. While Morgan & Morgan is large, we’re still a family law firm. Our attorneys treat every client like family and handle their cases personally.
Some lawyers are jacks-of-all-trades. At Morgan & Morgan, we focus solely on personal injury cases and have more than 35 years of experience fighting for the rights of victims. Join the Morgan & Morgan family — fill out a no-cost case evaluation form to speak to one of our experienced assault and battery lawyers today.