Getting assaulted is a scary experience. You may suffer serious injuries just because someone lost their cool or meant to hurt you. Obviously, this is not acceptable in polite society and is against the law. Indeed, many assault cases are handled in criminal court. However, you can also begin a civil lawsuit against the person who assaulted you to get financial compensation for the injuries they caused.
If you are thinking about pursuing a civil claim after you were assaulted, we can help. Our lawyers know how to deal with civil assault cases and how they relate to criminal trials. We will not stop fighting until you get the justice and financial compensation you deserve from those who wronged you.
To get a free, confidential review of your situation, call Legal Care New Jersey’s lawyers for victims of assault at (732) 838-9769.
Civil Assault and Battery in Lakewood
The first thing that comes to mind for many when they hear the term “assault” is likely the criminal charge of “assault.” Indeed, civil assault is very often linked to a criminal trial for an assault crime. In New Jersey, the crime of assault is broken down into two distinct crimes: “simple” assault and “aggravated” assault. Of the two, aggravated assault is the more serious crime and, therefore, has more serious penalties attached. Simple assault is detailed under N.J.S.A. § 2C:12-1, while aggravated assault falls under N.J.S.A. § 2C:12-1(b).
Civil assault is not a criminal charge and is instead a “tort.” Torts are the area of law surrounding wrongdoings people do to one another. Specifically, assault is an “intentional” tort, along with “battery,” which means that one of the things you have to prove in your lawsuit is that the defendant actually meant to assault you.
The conduct that makes up the crime of assault can fall into two main torts that you can sue for in civil court: “assault” and “battery.” While criminal law combines these into one act, those words mean two distinct things in civil law. Our lawyers for victims of assault are able to represent you for both assault and battery in a civil case.
Battery
“Battery” in civil claims refers to harmful or offensive touching that causes injury. The first thing that probably comes to mind for battery is someone beating another person up. For example, if you punch someone in the face and break their nose, that is battery. However, harmful or offensive touching means more than just physically hurting someone. For example, if someone intentionally smacks an object out of your hand, that can be considered battery even though they did not actually touch you. Alternatively, if a co-worker puts their hands on you in a way that you did not consent to, that may also be considered battery. Even though that may not be considered “bodily injury” in the traditional sense, it certainly would fall under the purview of harmful or offensive touching and, therefore, battery.
Sometimes, contact that would otherwise be inoffensive if the perpetrator knows that such contact would be offensive to the victim. For example, suppose the victim is deathly afraid of secondhand smoke, so the perpetrator intentionally blows smoke in their face. In that case, a battery charge may still stick because the defendant knew that the victim was sensitive to cigarette smoke. Determinations like that are made on a case-by-case basis, so you should discuss your situation with our attorneys.
Assault
In criminal law, assault generally encompasses hurting other people as well as threats to do the same, assault in civil law specifically deals with threatening someone with harm. Civil assault requires the defendant to put the plaintiff in fear of imminent physical harm or contact. For example, if someone points a gun at you and says, “Don’t move or I’ll take out your knees,” that is civil assault, in addition to being criminal aggravated assault.
An important aspect of the tort of assault is that the threat of harm needs to be imminent. This means that the victim believes that the harmful contact is going to happen very soon. For example, if someone starts rapidly walking towards you, fists raised, and yells, “I’m gonna mess you up,” that threat of harm would be imminent. However, if someone yells at you from across the room, “Someday you’re gonna get it,” that may not qualify as an imminent threat because “someday” is not now. That kind of threat might constitute a separate crime that you could report them for, but it might not constitute a tort you can sue for.
Will I Have to Wait for a Civil Assault Trial Before Filing a Civil Claim for Assault in Lakewood?
Things can sometimes get complicated when a defendant is being tried in both the civil and criminal court systems. It is often very difficult for a defendant to be represented in both kinds of trials at the same time, and since justice demands fair representation, civil and criminal trials for the same act are often not done at the same time. Instead, the criminal trial often takes priority over the civil trial.
If the defendant is cooperative and does not want a lengthy legal battle, the criminal trial may be over quickly, potentially even ending in a guilty plea. On the other hand, if the defendant bitterly fights the charges against them, it could take quite a while before a civil case is brought forth.
Delays like this can be worrying to some plaintiffs, as delaying a civil trial delays financial compensation that may be desperately needed. However, one of the benefits of this is that the results of a criminal trial for the same conduct at issue in a civil case may be able to be used to help your claim in civil court. If a jury already found the defendant guilty of assault in criminal court, that helps your civil claim immensely.
Speak to Our Lakewood, NJ Lawyers for Victims of Assault Today
Legal Care New Jersey’s lawyers for victims of assault are ready to help you with your claims when you call us at (732) 838-9769.
