A: According to a Toccoa personal injury attorney, an assault occurs when one person intentionally causes a reasonable apprehension of imminent and harmful contact in another person. In other words, an assault happens when one person intentionally frightens someone else through their words or actions. For example, an assault has likely occurred if while Paul was crossing the street, Dave sped up his car, drove directly at Paul, and only swerved to avoid him at the last minute. It is important to note that the assailant does not actually have to physically touch the plaintiff during an assault, rather, the plaintiff only has to have been reasonably afraid of imminent and harmful contact.
A: It is helpful to think of a battery as a completed assault; an assault takes place when someone intentionally causes a reasonable apprehension of imminent and harmful contact in another person, but if that feared contact actually takes place, then the assailant has committed a battery. In other words, a battery occurs when Person A intentionally touches Person B in a harmful or offensive way. For example, if Paul intentionally throws a rock that hits Dave in the head, then Paul has committed a battery.
A: The terms assault and battery are often mentioned together because they frequently stem from one event, although that is not always the case. For example, consider a bar fight in which Person A intentionally throws a beer bottle at Person B under each of the following three circumstances:
A: It is important to note that assaults and batteries can generally be brought in criminal court, in civil court, or in both. In a criminal case, the prosecutor will file criminal assault and/or battery charges against the defendant, while in a civil case the victim files a personal injury lawsuit against an attacker in order to recover compensation for the damage that they suffered. Therefore, even if the government has already filed a criminal assault and battery case on your behalf, you likely also have the option of filing your own assault and battery personal injury lawsuit in civil court.
Interested in filing a civil assault and battery lawsuit in Georgia? If so, the Angell Law Firm, LLC is here to help. Experienced personal injury lawyer Bryce Angell would be happy to discuss your legal options with you during a free no-obligation consultation. Contact our Atlanta office today at (770) 217-4954.
Bryce is considered a highly esteemed trial lawyer and a passionate client advocate amongst his peers in the Atlanta legal community. Never afraid to go the extra mile for his clients, Bryce Angell works tirelessly to ensure that each client’s personal injury case gets the attention that it deserves.