Assault With Physical Injury In Broward
Description
Form popularity
FAQ
In the terminology of law, an assault is the act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both.
If you are attacked, YES you can press charges even if coming out on top. It is probably advisable to press charges, particularly if the evidence is on your side, because your assailant may otherwise claim that you were the aggressor and sue you. Can you sue someone for assaulting you?
Simple assault, threats of violence by word or act, is a Second Degree Misdemeanor punishable by 60 days in jail and a $500 fine. It is elevated to a First Degree Misdemeanor when the threats are made during a riot. A judge could sentence up to 1 year incarceration and a maximum fine of $1,000.
If you were involved in a motor vehicle collision but did not sustain any physical injuries, you might be wondering if it's possible to sue for a car accident if you are not hurt. The short answer is, “yes.” You can certainly take legal action for other damages caused by a collision.
Florida law establishes that battery crimes should be prosecuted within 2 years after the offense was committed. However, there is no limitation if the offense involved sexual abuse or the death of the victim, or if the identity of an aggravated battery offender is established through DNA evidence.
It is up to the jury to determine whether punitive damages should be awarded -- and if so, in what amount. The jury will consider the nature of the defendant's act, the harm that the defendant caused or intended to cause, and the amount that would be necessary to punish the defendant relative to his or her wealth.
The prosecution must prove beyond a reasonable doubt each of these 3 elements: Intent to cause harm or fear. Fear or apprehension of imminent harm. Actual or attempted physical contact.
In Florida, you have the right to file a lawsuit if you are the victim of assault and/or battery. The main requirement is that the assault or battery caused you to suffer some kind of injury. This injury does not necessarily have to be physical.
Yes, u can sue for assault and battery in civil court. it might be best to wait til the criminal case is over as you may be able to use any resolution of the case against him there. you'll need to document all your damages. just about any lawyer willing to take the case can.
The intent is what allows you to consider it an assault claim. Essentially, a civil assault consists of any intentional, violent action that causes you to feel apprehension and physical harm. You do not even need to be fully struck for it to be considered a civil assault.
