Assault/Battery Injury Claims Attorneys
An assault is an attempted or threatened physical, verbal or emotional attack of one person by another. If physical contact is made during the attack, the assault becomes an assault and battery. If the attack involves a weapon such as a gun, knife or other object that can be used to cause injury, or if the intent is to more than merely frighten the victim, the assault may be considered an aggravated assault.
Other types of assault include sexual assault, which forcefully involves someone in unwanted sexual behavior and can range from a gesture to rape, and domestic assault, an all-too-common occurrence involving violence against family members or cohabitants. In some cases, threats of physical violence against someone the assailant lives with may be enough to constitute domestic assault.
The U.S. Department of Justice’s Bureau of Justice Statistics reports that there were over three million simple assaults (in which there was no intent to injure), and nearly one million aggravated assaults in 2005!
A sexual assault occurs approximately every two and a half minutes in the U.S. Most victims are women and the vast majority is under the age of 30. Sexual assaults are often committed by someone known to, or even a trusted friend or relative of the victim. For this reason, there is an overlap between sexual and domestic assaults. In fact, over three quarters of women who have been raped at the age of 18 or older report that it was their husband or cohabitating partner who committed the rape.
Approximately three million cases of domestic assault are reported in the U.S. each year. But many incidences of domestic assault are not reported because of fear of retaliation. And while the vast majority of victims are women and children, on average at least one man is killed by an intimate partner every day!
An aggravated assault is a felony usually punished with at least a year of jail time. Factors considered in determining the sentence include the criminal intent, the severity of the crime actually committed, and the extent of the violence or harm. All types of assault, however, are an infringement on both criminal and tort laws. They may therefore result in both criminal and/or civil liability.
The victim and the family of the victim of an assault must often endure significant emotional, mental and financial hardships. If you or a loved one is the victim of an assault, you should first seek immediate medical attention. You may then wish to consult with a qualified personal injury attorney who can advise you with regard to your rights and any compensation you and your family may be entitled to.
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