When most people think of assault and battery, they think of cases that are tried in criminal courts. However, if you are the victim of a crime, criminal charges will do nothing to make up for your lost wages, pay your medical bills and compensate you for pain and suffering. In this type of situation, you may be eligible to file a personal injury lawsuit against the responsible party.
While most personal injury cases are those which involve negligence or reckless behavior, the law also protects those who have been the victims of malicious attacks. In most states, assault is defined as the threat of injury, whereas battery is the term used for willful physical harm. New York State Penal Code Article 120 defines assault as requiring actual physical contact between the perpetrator and the victim. It can take place in one of three ways:
Direct and immediate, such as a punch to the face
Indirect and immediate, such as cutting the brake lines in someone's car
Indirect and remote attack, such as placing explosive devices in someone's home that don't detonate for several days – it should also be noted that actual contact is not required for this level of assault to take place.
Barasch, McGarry, Salzman and Penson are New York lawyers who care passionately about the rights of victims. If someone has deliberately injured you, we will use all resources at our disposal to bring that person to justice and get you the compensation you deserve.