by Roger Chartier:
A person charged with assault will need a good criminal assault lawyer. This is a criminal defense lawyer who specializes in defending assault cases. He or she will probably go up against the victim's lawyer who will be a civil assault lawyer who is also a personal injury lawyer. This lawyer will represent the victim in the case to recover damages for injuries that occurred as a result of the crime of assault and battery.
Are technically two separate things.
Assault - unlawful and intentional attempt to injure someone physically.
Surprisingly, it covers successful and failed attempts at battery.
Assault is commonly defined as defined as the threat or attempt to strike another person, whether or not it is successful as long as the victim is aware of the danger.This assumes that the threatened party knew that a legitimate threat existed.
For example, threatening someone doesn't mean it is assault unless the person making the threats could cause harm and the victim knew that it could happen. The law does say though that some verbal threats can be assault. If there is actual contact and it resulted in the need for medical treatment, then it is considered assault and battery.
Is when a weapon is not used, and injuries are minor. It gets tricky, so get a good assault lawyer.
If a person commits an assault during the commission of another crime, say a robbery, it becomes aggravated assault. There are other categories of assault such as domestic, sexual and domestic.
Is a sexual assault whereas wife or husband beating is domestic. Some assaults will be a misdemeanor if it is a small matter of perhaps a slap and more likely a felony for a severe beating resulting in serious injuries. Each state defines this their own way and your assault lawyer will be better able to help you with this. If you are the victim of a serious assault, your lawyer might gather information to decide if the assailant has enough money in assets or insurance to cover damages.Most lawyers will determine if the case is worth taking on a contingency case.
This is the most common way that the lawyer gets paid, and you do not need to pay out of pocket up-front fees. If you win, you should be able to, if it is appropriate, collect damages for lost wages, lost future earnings, and pain and suffering, as well as medical costs.
