Irvine Assault and Battery Attorneys

Irvine Assault and Battery Attorneys

For example, according to the University of California, Irvine’s Police Department, there are around 100 instances of assault reported each year on campus. This number could be much higher given that this is only the reported number.

If you are a victim of assault or battery in Irvine, get a free case evaluation today by giving our experienced Irvine assault attorneys a call today to set up a one-on-one case evaluation. Besides criminal charges, the assault could also face civil lawsuits. Our attorneys will help with the civil side, which means filing a personal injury lawsuit on your behalf against the responsible party.

Our experienced Irvine lawyers have been supporting our clients to get the legal care and financial assistance they deserve by holding those responsible in court. Assault could range from a simple assault to an aggravated assault when it comes to the way a person is criminally charged. 

Regardless of the type of assault, you do have the right to get compensated for the injuries that you have suffered from the assault. No matter what type of assault, the responsible party will receive its criminal penalty.

What is assault?

Both assault and battery are intentional acts, and allow the victim to get compensated against the at-fault party. Assault is a term used to refer to the threat or use of force against another person. Battery occurs when there is physical touching. Usually, many people mistake assault and battery as the same thing, when there are key differences. Usually, assault is charged in domestic violence cases where a couple may be living together, or are married. 

What are the different types of assault in Irvine?

Irvine follows California law when it comes to assault charges. California Penal Code 240 discusses what assault is, and how someone could be charged criminally with assault.

Examples of battery and assault include:

• Vehicular assault
• Sexual assault
• Sexual battery
• Domestic violence
• Assault with a gun
• Simple assault

Who can file a lawsuit for assault and battery?

Anybody who has been assaulted and been a victim of an assault in battery (which is unwanted touching) could file a civil lawsuit for assault. But, those that have given consent to the touching are not eligible to get compensated since they consented and it was expected. 

Who is responsible for my assault and battery lawsuit?

• The assaulter: the person who committed the assault is the number one responsible person for the battery and assault
• Building owner or property owner: although not as common, building or property owners could also be held responsible as a third party in the event that someone has been assaulted on their property. For example, if there was negligence security (link negligent security Irvine) or improper lighting, the victim has the right to recover compensation from the property owner under premises liability

 Where do assault and battery occur?

 Assault and battery could occur almost anywhere, some examples include:

•  At home
•  Restaurants
•  Nightclubs
•  Schools
•  Buses
•  Trains
•  Grocery stores
•  Amusement parks

 What are injuries caused by assault and battery?

•  Broken  bones: usually, the number one injury caused by assault in battery is broken bones
•  Lacerations
•  Internal bleeding
•  Spinal cord injuries
•  Nerve damage (link nerve damage Irvine) 
•  Traumatic brain injuries

When should I file my assault and battery civil lawsuit in Irvine?

You must file your lawsuit within 2 years from the date of the incident. This means that the clock begins ticking the minute that you have experienced the assault or battery. This is outlined under California Code of Civil Procedure section 335.1. This is the statute of limitations put in place by California law to make sure that victims of accidents are able to file a lawsuit within a reasonable amount of time.

But, keep in mind that there are several exceptions to these two years. For example, if you experienced assault or battery by a government official in Irvine, then you may only have 6 months from the date of the incident. You must file a tort claims form, which is a specific form outside of court. For more information, give our Irvine lawyers a call today.

How do I prove assault?

There are key elements that you must have to prove in order to show that assault occurred. In order to prove your assault and battery case, make sure that you have as much evidence as possible. The elements that you must have to prove are:

• Intentional act: you must show that the person responsible took part in an intentional act and meant to harm you or take part in offensive contact.
• Apprehension of harm: you must show that you were in fear of eminent harm at the time of the assault
• Reasonable apprehension: this apprehension and fear of harm must be reasonable
• You must prove that the contact was not something you gave consent for
• You must show that the assault caused you to suffer injuries 

What kind of damages could I recover for my assault civil lawsuit?

There are several different types of damages a victim of assault could recover. Assault victims not only suffer physical damage, but they also suffer emotional trauma after going through such an experience.

The compensation could include:

• Economic damages: economic damages refer to the types of damages that could be easily calculated, such as lost wages, future lost wages, physical therapy, emergency room services, reduced earning capacity, medication, etc. 
• Non-economic damages:  non-economic damages refer to the trauma the victim had to go through from the Irvine assault. There are no bills or invoices that you could point to to prove a non-economic damage, but instead, the court will compensate the victim for their emotional distress, anxiety, depression, PTSD, and pain and suffering. 

What types of evidence will I need to prove assault?

Our experienced attorneys will work with you to gather as much evidence as possible. Key pieces of evidence that could strengthen your assault and battery claim include:

• Eyewitness interviews
• Medical records
• Photos of the assault
• Photos of the injuries you have suffered
• Surveillance footage of the assault 
• Police reports