If you are assaulted, you may suffer serious injuries that can negatively impact the quality of your life. Some people also lose their loved ones because of the intentional acts of others. If you have been injured or have lost your loved one because of the wrongful actions of another, it is important for you to speak to one of our experienced assault injury lawyers in San Jose. We can work to hold the perpetrator accountable for his or her actions and to recover damages to pay for your losses.
What constitutes an assault charge in California?
People often use the terms assault and battery to mean a situation in which one person causes intentional physical harm to another. The two terms actually mean two different things, and both of them are punishable as separate criminal offenses.
An assault occurs when someone threatens another person with imminent physical harm in such a way that the victim is reasonably fearful that he or she will be harmed. A battery is the actual physical conduct that may follow the assault. Assault and battery may be punished under criminal law and may also form the basis of a civil lawsuit.
Common types of assault injuries
The spectrum of injuries resulting from assault and battery is vast, largely determined by the presence and nature of a weapon. Understanding these injuries is crucial, especially in the legal context of pursuing compensation for victims.
Physical Injuries:
- Gunshot wounds: These can range from minor to life-threatening, depending on the location and severity of the wound. They often lead to extensive internal damage, long-term disability, or even death.
- Broken bones: Assault often results in fractures, particularly in vulnerable areas like the face (e.g., nose, jaw) and thoracic region (e.g., ribs, sternum). These injuries can cause chronic pain, disfigurement, and impaired function.
- Lacerations and stab wounds: Caused by sharp objects like knives or broken glass, these injuries can cause significant blood loss, infection risk, and deep tissue damage. Permanent scarring is common.
- Burns: Chemical burns from substances like acid can cause severe pain, disfigurement, and long-term complications.
- Head injuries: Blunt force trauma to the head can lead to concussions, traumatic brain injuries, or skull fractures. These injuries can have devastating consequences, including cognitive impairment, personality changes, and even death.
Psychological and Emotional Trauma:
The psychological impact of assault is often as damaging as the physical injuries. Victims may experience:
- Post-Traumatic Stress Disorder (PTSD): This debilitating condition can manifest as flashbacks, nightmares, anxiety, and depression.
- Emotional distress: Victims may struggle with fear, anger, guilt, shame, and a loss of trust.
- Depression and anxiety: These mental health disorders can significantly impact a victim's quality of life and ability to function.
- Substance abuse: Some victims turn to drugs or alcohol to cope with the trauma, leading to addiction and further complications.
Long-Term Consequences:
Many assault victims face lasting repercussions:
- Chronic pain: Broken bones, nerve damage, and scar tissue can cause ongoing pain and discomfort.
- Physical disability: Severe injuries may lead to permanent disabilities, impacting mobility, employment, and overall quality of life.
- Emotional and psychological scars: The trauma of assault can haunt victims for years, affecting relationships, work, and mental well-being.
- Financial hardship: Medical expenses, lost wages, and therapy costs can create a significant financial burden for victims and their families.
It is essential to recognize the full spectrum of assault injuries, both physical and psychological, to ensure victims receive the comprehensive care and support they need to rebuild their lives.
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How often assault injuries happen
According to the Federal Bureau of Investigation, there were 386.3 violent crimes committed in the U.S. in 2016 for every 100,000 people. Violent crime reports that were made to all agencies during 2016 totaled 1,217,400. In addition to violent crimes such as murder, aggravated battery, and sexual assaults, many more people suffer injuries in cases that could be prosecuted as misdemeanors.
How to find fault in an assault case
If you are injured after someone else assaults you, you might want to file a civil lawsuit against the perpetrator even if criminal charges have also been filed. This is because that prosecutors have a burden of proving criminal cases beyond a reasonable doubt, which is more difficult than the burden that is required of plaintiffs in civil cases.
This means that you might be able to hold the perpetrator liable in a civil lawsuit even if he or she is found not guilty in the criminal case. To find fault in a civil battery case, you will be required to prove the following elements:
• The defendant physically contacted you or caused you to be physically contacted with the intent to harm you;
• You did not consent to the physical contact; and
• You were harmed by the physical contact.
Many civil tort claims of this nature include claims for both civil assault and civil battery since a battery almost always follows the assault. To prove a civil assault, you will need to show the following elements:
• The defendant threatened you with an imminent physical contact;
• You felt an apprehension that the physical harm was likely; and
• A reasonable person would have believed that the physical contact was likely to happen.
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Our law firm is comprised of highly experienced personal injury attorneys. We are dedicated to providing top-tier representation for your personal injury claim. Contact us today for a complimentary consultation.
We will review your case and provide you with a personalized evaluation of your claim.
Deon Goldschmidt
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Kevin Retoriano
MANAGING PARTNER
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When to contact an assault injury attorney in San Jose
Under Cal. Civ. Code § 335.4, civil assault and battery claims must be filed within two years of the date of the injury or death that resulted. Civil cases may be filed against the defendants simultaneously with any pending criminal actions, so it is a good idea to contact an attorney early rather than waiting for the criminal matter to finish.
To learn more about your potential claim, contact an experienced assault injury attorney in San Jose by calling our law firm.