Budge Law Firm, PLLC

Assault and Battery Attorney in Arizona

Definition of Assault and Battery: Two separate offenses against the person that when used in one expression may be defined as any unlawful and unpermitted touching of another.  

Assault is an act that creates an apprehension in another of an imminent, harmful, or offensive contact.  The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat.

Battery is a harmful or offensive touching of another. The main distinction between the two offenses is the existence or nonexistence of a touching or contact. While contact is an essential element of battery, there must be an absence of contact for assault. Sometimes assault is defined loosely to include battery. Assault and battery are offenses in both criminal and Tort Law; therefore, they can give rise to criminal or civil liability. In Criminal Law, an assault may additionally be defined as any attempt to commit a battery.

Punishment The law considers an assault and battery to be an invasion of the personal security of the victim for which the wrongdoer is required to pay for damages. The determination of the amount of damages to which a victim might be entitled if a defendant is found civilly liable is usually made by a jury. Generally, a plaintiff is entitled to Compensatory Damages that compensate for injuries that are both directly and indirectly related to the wrong. Examples of compensatory damages include damages for pain and suffering, damages for medical expenses, and damages for lost earnings resulting from the victim’s inability to work.

Nominal damages, given although there is no harm at all, or merely a slight one, may also be awarded in an assault and battery action. Some jurisdictions allow the award of Punitive Damages. They are often given when the offense was committed wantonly or maliciously to punish the defendant for the wrongful act and to deter others from engaging in similar acts in the future. The defendant might additionally be subject to criminal liability. If a defendant is found criminally liable, the punishment is imprisonment, a fine, or both.

The amount of time a defendant must serve in prison depends upon the statute in the particular jurisdiction. When the offense is committed with an intent to murder or do serious harm, it is called aggravated assault and battery. An aggravated assault and battery is often committed with a dangerous weapon, and it is punishable as a felony in all states.

If you or someone you know was a victim of an ASSAULT and/or BATTERY, please contact our office today at 480-246-8050.  We will review your case and help you receive the financial compensation you may be entitled to.

 

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