Victims of intentional acts may sometimes seek recourse from their attackers outside the criminal justice system. In Florida, victims of assault and battery may file a claim against their assailants for monetary compensation as can victims of car accidents, slip-and-falls, or other incidents in which they sustain harm. What makes assault and battery claims unique to personal injury law is the fact that they are intentional torts, meaning that the perpetrator of the violence knew what he or she was doing at the time he or she committed assault and/or battery.
Under Florida law, assault and battery are separate offenses which usually occur simultaneously. They are tried as separate charges in court. It’s important to understand the nuances between them when seeking justice through an Orlando assault and battery injury lawyer.
Statute 784.011 defines assault as an intentional and unlawful threat to physically hurt another person. The threat can be carried out through words or actions, or a combination of the two. The person carrying out the assault must have the apparent ability to act upon the threat.
Aggravated assault is a more serious offense than simple assault and involves using a deadly weapon to instill fear in a victim. A deadly weapon can be any tool that is capable of inflicting serious bodily harm upon a victim.
A person filing a claim against an assailant must show that the defendant demonstrated a clear intent to harm him in some way. The threat must have been a credible threat which would instill fear in a reasonable person. Your attorney must provide evidence that the accused meant to carry out the threat and demonstrated his or her intention to do so through a gesture or words.
Battery occurs when the perpetrator makes physical contact with the victim. Under § 784.03 battery is an actual and intentional touch or strike against the victim’s will. One who commits battery intentionally causes bodily harm to another person. Aggravated battery in Florida involves the use of a deadly weapon. Aggravated battery may lead to an extreme injury, such as:
A person filing a claim for battery must prove that the assailant attempted to and intended to physically harm him. Physical contact may be direct or indirect. If the offender attempts to injure the victim with an object by throwing the object, it is considered indirect contact. If the offender kicks, slaps, or commits another violent action on the victim, the battery is direct. Battery offenses are committed on purpose and they include crimes like rape and molestation.
It’s important to note that if you seek to pursue a battery lawsuit in Orlando, you do not have to be gravely injured. After an attack, you may or may not have suffered severe injuries. A battery charge only requires proof that the assailant attacked and attempted to injure you.
Assault and battery cases may be tried in criminal as well as civil court. A greater burden of proof is needed for criminal cases, which is why victims may turn to a personal injury lawsuit to seek financial compensation for the injuries they suffered from the attack. Under Florida law, each case is tried and treated as its own entity, meaning that the results of a criminal case will in no way affect the lawsuit. A defendant who is found innocent may still be sued for damages.
A skilled Orlando assault and battery injury lawyer with The Umansky Law Firm can help you better understand your options for recovery in the aftermath of an assault or battery. Our compassionate team of experienced attorneys is ready to learn more about your case. Call or contact us.
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