What is Aggravated Assault?
In Los Angeles, assault and battery are separate, illegal activities that may result in a personal injury lawsuit. An assault occurs when someone knowingly places you in fear of an immediate battery. This means when someone threatens to hit you, charges at you, or waves a weapon at you, it’s assault.
If you were a victim of an assault, you have the right to sue the person who assaulted you. An assault and battery lawyer Los Angeles will explain your legal rights to pursue your case in civil court. Contact an assault lawyer in Los Angeles today.
A battery is a separate offense that may result in you suing the assailant in civil court. In Los Angeles, a battery is described as a person knowingly touching you in an offensive or harmful manner. Thus, battery occurs when an individual hits, punches or knocks your hat off your head.
A battery or an assault may not result in a criminal case. This means that the prosecutors may not charge your assailant with the crime of assault or battery Penal Code 240 or 242. However, a Los Angeles assault lawyer can help you. Criminal assault and battery is separate from civil assault and battery in LA. Speak to a personal injury lawyer Los Angeles to learn more about your recovering damages in your assault and/or battery case.
Damages You can Recover in a Los Angeles Assault and Battery Case
A civil lawsuit is different than a criminal case. In a criminal case, prosecutors represent the state’s interest in the case–a law was broken. However, in a civil assault and battery case, you are suing the person who harmed you. Los Angeles assault lawyers will file a lawsuit on your behalf to obtain damages you are eligible to receive such as:
- Medical costs
- Emotional distress
- Physical injuries
- Pain and suffering
- Lost wages
- Loss of future earning capacity
- Loss of a loved one killed or disabled by an assault or battery
- Loss of financial support
- Punitive damages
- Damage to physical property such as a vehicle or your house
Proving you were harmed or in fear of bodily harm isn’t always easy to do. In some cases where there was a conviction in the case, it is easy to get a judgment against the assailant. You need the help of an assault and battery lawyer Los Angeles. Proving a personal injury case involves a series of steps.
An Assault and Battery Case May End in a Settlement or Go to Trial
A settlement occurs when you and the other party agree to end the lawsuit. In exchange for dismissing the lawsuit, you receive a lump sum or a series of payments from the person who committed the battery or assault. Most personal injury cases in Los Angeles go about this way.
If your case goes to trial, your assault lawyer in Los Angeles must prove a series of things happened according to California law. These things include:
- You assailant had a duty to protect you from harm
- You assailant breached that duty by threatening bodily harm or harming you
- Your assailant’s actions were the direct or indirect cause of your injuries
- You are owed damages
The burden of proof in a civil case isn’t as high as the proof needed in a criminal case. Your Los Angeles personal injury lawyers must prove your assailant more than likely than not caused your injuries. Thus, the criminal standard of proof beyond a reasonable doubt is not required.
The Statute of Limitations for a Los Angeles Assault and Battery Injury Claim
The statute of limitations in California requires you to file your personal injury lawsuit in a timely manner. This means that you can’t wait decades to file your case in court. According to the California Code of Civil Procedure second 335.1, you have two years to file your lawsuit. This is two years from the date your assault or battery occurred.
Let the Law Offices of Oscar H. Gutierrez Be Your Personal Injury Lawyer Los Angeles
Assault, aggravated assault and battery are serious. If you’ve been threatened or sustained bodily injury because of someone else, there is no doubt that you were a victim. Empower yourself by seeking financial justice. You have damages such as medical bills and lost wages that may have resulted from an assault and/battery. Contact the Law Offices of Oscar H. Gutierrez, your assault and battery lawyers Los Angeles, regarding your potential civil suit.
With the Law Offices of Oscar H. Gutierrez, you have Los Angeles assault lawyers who are familiar with all complex administrative tasks and court procedure. Also, we have the knowledge, insight and experience to guide you to a favorable resolution to your case. Contact us today for help with your case.