Assault and Battery Personal Injury Lawyer

Assault and battery could happen to anyone. For example, a young woman and her boyfriend brutally attacked a mother, her boyfriend, and her eleven-year-old daughter. The victims had stopped to fill up their truck at a Florida Circle K gas station about eighty miles northwest of Orlando. Authorities arrested the woman and her accomplice and charged them with aggravated assault and battery.

Regardless of gender, age, or physical stature, any person can become a victim of assault or battery. Assault and battery can cause intense physical and emotional suffering. If you are a victim of assault or battery, you should have an experienced attorney with a deep understanding of the local laws on your side. The attorneys at Fighter Law will help you navigate the process of filing a personal injury lawsuit if you have been threatened or attacked in Orlando, Florida.

Is Assault and Battery One Charge or Two?

Assault and battery are two separate, but similar, offenses. An assault occurs when one person threatens or intimidates someone else. The transgressor does not have to physically come into contact with the victim for an assault to take place. The victim simply needs to feel an imminent threat of harm. On the other hand, battery takes place when one person physically harms another person. Battery involves intentional contact that is against the will of the victim. The contact can be direct or indirect in a harmful or offensive way.

Injuries That Can Be Sustained from Assault and Battery

Few things in life can be more life-changing than being a victim of an assault and battery incident. Assault and battery cases can lead to broken bones and painful bruises, traumatic brain injuries, and emotional problems that can last a lifetime. In addition to physical pain and intense suffering, the emotional fear and anger resulting from serious aggravated assault can be debilitating.

At Fighter Law, our personal injury lawyers have over a decade of legal experience. Our attorneys understand the importance of obtaining financial compensation after an unexpected injury. We fight to get results for our clients.

Criminal Liability for Assault and Battery in Florida

Assault and battery can be classified as misdemeanor or felony charges, depending on whether the incident is simple or aggravated. If the defendant is convicted at trial, the severity of injuries or harm that the defendant caused the victim will often determine the penalty. The following are various assault and battery charges and penalties:

• Simple assault: A misdemeanor of the second degree, punishable by a fine of up to $500 and sixty days in jail
• Aggravated assault: A third-degree felony, resulting in a fine of up to $5,000 and five years in prison
• Simple battery: A first-degree misdemeanor, resulting in a fine of up to $1,000 and twelve months in jail
• Aggravated battery: A second-degree felony, resulting in a fine of up to $10,000 and fifteen years in prison

If you were the victim of an assault or battery, it is essential that you consult with a personal injury attorney to discuss your legal options. A Fighter Law lawyer may be able to help you recover financial compensation for your losses.

Civil Liability for Assault and Battery in Florida

If the at-fault party is found guilty of assault and battery, they will face jail time; however, such a penalty does not provide financial compensation to the injured victim. To recover compensation for your pain and suffering, you may have to pursue further civil litigation against the offender. Under Florida law, each case is tried and treated as its own entity. This means that the results of a criminal case will in no way affect the civil lawsuit. A defendant who is found innocent may still be sued for damages. 

The burden of proof for a civil case is significantly lower than the one required in a criminal trial. In criminal court, the defendant must be found guilty beyond all reasonable doubt. A civil intentional tort, such as assault and battery, does not require the plaintiff to meet the same standard. Instead, they must demonstrate a preponderance of the evidence to show that the defendant deliberately sought to cause harm. 

Following an assault in Orlando, Florida, you will typically have up to four years to file a civil personal injury lawsuit. There might be extenuating circumstances that give you more or less time to act; however, you will waive your right to recover compensation if you do not file your lawsuit on time.

You should speak with a personal injury attorney as soon as possible after an injury. Your lawyer in Orlando can review your case, determine the applicable statute of limitations, and make sure all deadlines are met on time.

Damages Commonly Awarded to Victims of Assault and Battery

Damages in assault and battery cases might be compensatory, or they may be punitive. Compensatory damages are meant to reimburse and compensate you for the losses you suffered because of the defendant’s conduct. Such damages may include:

• Medical expenses and lost income
• Damages for pain and suffering
• Loss of future earning power

Punitive damages are punishment for the defendant and a deterrent to others from engaging in a similar manner. The availability of punitive damages differs from state to state. When available, punitive damages require proof that the defendant acted with malice and set out to injure the victim deliberately.

The costs of an unexpected injury can be overwhelming. When you have been assaulted, the emotional trauma can make things exponentially worse. That is why the attorneys at Fighter Law will fight to hold all responsible parties accountable and secure maximum compensation on your behalf.

Speak with an Orlando Assault and Battery Personal Injury Attorney Today 

Fighter Law personal injury trial lawyers understand the pain and trauma you are experiencing after suffering a vicious assault and battery attack. We are driven to get you results. We are experienced in studying the evidence, and our attorneys are well-versed in the personal injury laws in Florida. We may be able to help you obtain the maximum compensation for an assault and battery injury. For over a decade, Fighter Law has been obtaining successful verdicts and settlements against at-fault parties.

Thomas Feiter was named a Board-Certified Florida Lawyer and a top personal injury attorney. We are upfront, honest, and always maintain a high level of communication with our clients. We listen carefully to your needs and fight to obtain the best outcome for your case. To schedule a free consultation, you can contact us online or call us at (407) 344-4837.