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Assault With Physical Injury In Clark
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State:
Multi-State
County:
Clark
Control #:
US-000298
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FAQ
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.
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?
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.
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.
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.
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.
Apart from eyewitness testimonies, physical evidence, medical records, and digital communications can also be used. However, witness testimonies often become the deciding factor in these cases.
A person can be charged if there is ``probable cause'' to bring the charges. It does not have to be proof, but just a reasonable belief that the crime may have occured. Quite often a witness statement is believed, and eye-witness testimony is proven to be very unreliable.
The main types of evidence include testimony from those in the home, photographs, videos and medical records.
More info
Assault in the Third Degree comes in two major "forms. " The first, NY Penal Law 120.00(1), is fairly simple and straight forward.In fact, some of the most vicious assaults occur when a dangerous instrument is used. Assault in the third degree is the lowest tier of assault charges. It occurs when someone inflicts physical injury – a bodily impairment or substantial. The vast majority of assault cases in New York are in the third-degree, which is defined as one individual intentionally causing physical injury to another. New York Assault Lawyer: There's a wide range of assault laws in NYC. Learn more about felony and misdemeanor assault charges in NYC here. Assault in the first degree occurs when you intentionally cause serious physical injury to another person using a dangerous weapon or instrument. Assault in the first degree is the most serious of the three offenses.