Assault and Battery Personal Injury Claims

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 a personal injury lawyer.

Defining Assault in Florida

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.

Defining Battery

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.

Pursuing a Civil Claim for Assault and Battery in Florida

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 personal 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 (407) 228-3838 or contact us.

Recent Criminal
Case Results

Burglary of Dwelling; Petit Theft

Withhold with 6 months probation and impulse control; adjudication withheld

Grand Theft ($300-$5000)

Nolle Prosequi-Case Dropped

CT-Driving Under the Influence Car (M1)

Nolle Prosequi - Case Dropped

CT- Driving under the influence car

Nolle Prosequi - Case Dropped

Grand Theft Third Degree

Adjudicated Guilty; One day jail/one day time serve; Restitution fees; Court Cost

Petit Theft < 300

We negotiated an agreement that entailed the State dropping the charge after our client completed a Pre-Trial Diversion Program. The Charge was dropped via a Nolle Prosequi.

Unlawful Speeding

Withhold of Adjudication; No points on license; Paid fine and clerk cost; 8 hour aggressive driver class; 90 days to satisfy fine and class

Shoot/Throw Missile Into Dwell/Struct/Veh; Child Abuse; Criminal Mischief; Battery (Domestic Violence)

No Information Notice - Charges Dropped

Attach Tag/Lic Plate To Unassigned Vehicle (M2)

Nolle Prosequi - Case Dropped

DUI with Minor In Car or BAL of .20 or Higher

Pled No Contest, 1 Year Probation, 10 day Car Impound, Community Service

Motion to Modify Probation

Motion Granted in 48 hours

Petit Theft

Adjudication Withheld, 4 Months probation, Costs/Fines, Impulse Control Class

Petit Theft of $100 or MORE (M1)

Nolle Prosequi

Refuse To Submit To DUI Test (M1)

Case Dropped

Battery on Law Enforcement Officer (F3); Disorderly Conduct (M2)

Nolle Prosequi - Case Dropped

Battery

Charges Dropped

Scheme to Defraud(F3); Grand Theft(F3)

Motion to Terminate Probation Granted

Unlawful Speed

Dismissed

Failed to Yield at Intersection

Not Guilty

Leave Scene Of A Crash W/Property Damage (M2)

Case Dropped

Motion to Modify and Impose a Withhold of Adjudication

Granted

Attempted Burglary of a Conveyance

Charges dropped

Possession of Cannabis (less than 20 grams)

Charges dropped

VOP for DUI

Reduced to reckless driving

Possession of Alcohol Under the Age of 21

Charges dropped

Driving Under the Influence

Reduced to Reckless Driving

Violation of Probation

Case Dismissed

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