Determining what constitutes a solid assault case can be complicated. Sometimes there is not enough evidence for assault, other times assault charges may also cross the line into battery. An attorney well versed in assault cases, such as the experienced attorneys at Moraitakis & Kushel, can explain the different types of charges you can file and help you understand your rights, as well as file a claim.
What is Assault?
Assault can occur when an individual is injured or harmed due to the intentional acts of another. Victims of assault must have reasonable fear of harm and the threat must be imminent. Civil assault is a type of torte, which implies that the act had to have been intentional- differing from personal injury cases that are a result of negligence.
Assault does not require an individual to be physically touched, but can be an attempt at physical harm or an act that constitutes a threat, therefore eliciting fear of danger in another individual.
A toy gun used in a robbery is a common example of an assault charge. Though the individuals being robbed may not know a gun is fake, the thought that it is life threatening and meant to cause fear or harm constitutes an assault charge.
Common Defenses Against Assault
Many factors must be considered in deciding whether or not an assault charge exists.
- Self-defense is the most common type of defense used. This means the assault was triggered by a person believing they were at risk, and that there was no provocation on their part.
- Asserting consent to an act is a voluntary action by an individual. Though consent is strictly scrutinized and monitored by courts, it varies by state. Harmful actions often violate public policy, even if they are agreed to.
- Defense of others and property is also a common defense, although strictly scrutinized. Usually reasonable force must be reflected in the actions of an individual that harms another while defending their property or other persons.
Contact Moraitakis & Kushel, LLP
Assault can damage a person’s mental and physical health. Understanding whether or not you can file an assault charge can be confusing as well as complicated, depending on the individual incident.
The personal injury attorneys at our law office can help you file a claim and receive compensation for your damages. Contact Moraitakis & Kushel, LLP for a free consultation.