If you have been arrested for any criminal offense, do not hesitate to contact our law offices. You are not helpless, and you are not alone. You may have intended to punch someone, but you swung and missed your strike. For example, if the "plaintiff" or the "victim" consented to being touched, and the touching did not exceed the scope of that consent, there may be no liability for battery. Assault & Battery cases can also involve Domestic Assault & Battery, where the parties are married, related, living together or dating. Fagan Case . Damages in Civil Assault and Battery Cases. To win a case of assault and battery against an individual, several things must happen. Products liability and dangerous product. You see, each year we are asked to handle several assault and battery cases. Threatening someone and pointing that weapon at them (regardless of the weapon) and the victim having a reasonable fear you would carry out that threat, can result in aggravated assault. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Assault and battery in the sporting context. Contact an Attorney. This entry was posted in Criminal Defense. Before he can commit a sexual assault, the victim gets away. Some common examples of torts include: 1. John is arrested and charged with battery, and, in addition to the criminal case, Mark sues John … Historically, however, assault and battery are two distinct concepts. The punishment for battery (maximum 6 months imprisonment) is set out in statute under s.39 Criminal Justice Act 1988. In the case of a domestic assault and battery, the police officer can bring out a charge for domestic assault if he/she did not witness the assault, assuming there is evidence of an assault. These will vary based on whether the claim of assault or battery is being pursued with a civil lawsuit, or as a crime. The following is a non-comprehensive list of intentional torts that are actionable under the law. Physical abuse at nursing homes is a serious problem. However, as in all battery cases, it is necessary to prove that the medical personnel engaged in unauthorized touching, contact or handling of the victim. Schedule a free case evaluation now at 505-200-2982 or. Case law in assault and battery proceedings show attorneys, plaintiffs, defendants and judges how other courts have judged similar cases in the past, setting a precedent for the current case. Battery involves actual physical contact with the victim and is defined as conduct producing a bodily injury or an offensive contact. In a nursing home setting, if a caretaker does these acts with the intent of harming the patient (which is often the case with nursing home abuse), they may face aggravated battery charges. These will vary based on whether the claim of assault or battery is being pursued with a civil lawsuit, or as a crime. Assault and battery have no statutory definition. We have helped countless clients just like you fight similar charges before. Assault and battery case law is useful to understand common law based upon the courts decisions. Stay up-to-date with how the law affects your life, Name The doctor who cut her against her will was served yesterday with a lawsuit for assault & battery–and he was served in person by one of the women on Kimberly’s team. Usually it's charged together with battery, which means you did hit somebody. It contains summaries of cases that establish the most important principles in this area of law. Battery is a misdemeanor, but still, one that can include up to six months in jail. MG was charged with common assault against his girlfriend and was also subject to an Apprehended Domestic Violence Order (ADVO). On the other hand, you are more likely to receive a smaller settlement if your assault and battery case resulted in minor damages. 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