Assault

We all have the right to go about our day-to-day lives without fearing imminent harm or injury. That right is protected by the Constitution. When someone places us in fear that we may be hurt, or that a loved one may be hurt, a claim for assault may be appropriate.

Assault and battery are common phrases heard within the context of criminal law. While there are criminal provisions both on the state and federal level for assault and battery, it is important to understand that legally, they are different crimes as well as different causes of action within the civil realm. In California, civil assault occurs when someone threatens bodily harm to another in a way that convinces that person that he or she is in danger.

Not all threats will result in a civil action for assault. There are two important factors that have to be present to give you the best opportunity at succeeding with your claim. They are:

• the defendant intended to cause apprehension of harmful or offensive contact; and
• the act of the defendant indeed caused apprehension in the victim that harmful or offensive contact would occur.

In order for a person's actions or words to rise to the level of assault, California courts analyze what was reasonable for the defendant to believe. For example, a person waiving his or her arms in the air screaming that he or she is about to hit you with a bat will likely only rise to the level of civil assault if you can establish that you had a reasonable fear that the person had a bat, or had access to one. The key concept is the reasonableness of your fear as a plaintiff as well as the intentions of the defendant.

Our experienced attorneys at Corsiglia McMahon & Allard, L.L.P. know that assault requires intent and that there may be more than one party responsible for the injuries that you sustained as a result of the assault. For example, if the assault happened when you were located on the property of another individual, you may have a claim for premises liability.

Commercial property owners are required by law to take certain steps to protect their customers from both the premises and other patrons on the premises. Our Santa Clara County injury attorneys will sit down and go through every aspect of your claim to find every available source of compensation.

$500,000 for a college student who was beaten by a classmate and consequently sustained serious injuries to his face. As a result, reconstructive surgery was required.

Even though assault also carries criminal penalties, the penalties are focused on punishing the defendant, not making the plaintiff whole again. There may be injuries involved, continuing treatment, and depending on the severity of the fear a plaintiff was put in, accompanying PTSD (post-traumatic stress disorder) requiring extensive psychological treatment. Our dedicated legal team is committed to protecting your rights when you have been the victim of an assault.

There are few experiences that one can face in life that are as traumatic and anxiety ridden as being the victim of an assault. If you or a loved one has been victimized by an assault, contact our fearless legal team at Corsiglia McMahon & Allard, L.L.P. Call us toll free at (408) 289-1417.