One of the first things you should do if you have been a victim of assault is to contact an assault lawyer. Assault is a serious crime that is defined as an intentional or unlawful touching made by the assailant on the victim. An assault can be made in pursuit of sexual advantages or ultimately be result in serious injury (even death). Because of the seriousness of this offense, the offender should be prosecuted both civilly and criminally. The police will investigate the criminal act made by the defendant, while you can sue for damages in civil court. The punishment of this crime various on a case by case basis, however, with proper evidence, you can expect to see your offender facing extreme consequences.
An assault can take place in the middle of broad daylight, in dark parking lots, and even at work. Your chances of assault are also not limited to being done by the malicious act of strangers. Most victims have been assaulted by a family member, close friend, or colleague. This physical attack deserves repercussions for any and all cases of assault. While it is understandable feel frightened after the attack, you will need to get your case documented immediately. Don’t be afraid to speak out. After seeking medical attention, you will want to talk to a personal injury attorney. The Law Office of Frederic E. Waczewski, P.A.
in Orlando has worked with numerous assault victims and wants to help you
reclaim justice.
What Is Considered Assault?
Any intentional tort, or a wrongful act or infringement, is considered assault. If someone has purposefully made you feel in fear for your life, it is assault. It does not actually have to be a physical act. There are three basic types of assault: simple assault, aggravated assault, and assault and battery.
Simple Assault: This is an assault that is meant to put another individual under direct fear with the attempt to cause physical harm. This crime does not involve contact with the victim, but it is still a punishable crime.
Aggravated Assault: Perhaps the most serious form of assault, this is the intent to cause bodily harm or injury, usually with a weapon. Assault with a deadly weapon is the most severe type of assault used under this claim, which is punishable to the extreme. States classify certain assaults as aggravated assault under their criminal codes, so it will vary from state to state. Your assault lawyer will be able to break down the specific of your assault and which category it will fall under before pressing charges.
Assault and Battery: Battery is the harmful or offensive touching of another. The act consists of a threat of harm accompanied by an apparent, present ability to carry out the threat. This is different from aggravated assault for many reasons.
Contact an Assault Lawyer Right Away
You will need to contact a personal injury attorney immediately after seeking medical attention. Your lawyer will be able to walk you through what needs to be done next in order to prove assault. While you may think that you had garnered enough evidence against your offender, sometimes it is not enough to prove unreasonable doubt.
For a simple assault you will need to prove intent of assault. This can be tricky since a simple assault means there was no physical contact. Your lawyer will be able to tell you what evidence will hold up in court. You will also need to prove reasonable apprehension, or you must be able to state how you perceived this threat and how you believed it was directed towards you. And to ultimately be successful, it will help to prove that you were harmed in some way. This type of assault usually will result in a misdemeanor on the criminal’s record.
Aggravated assault is the most serious form of assault. Factors typically include the use of a weapon (even a deadly weapon), the status of the victim, the perpetrator’s intent, and the degree of injury caused. Assault with a deadly weapon falls under this umbrella. And because assault is not defined by actual physical harm, intent or threat with a deadly weapon can still be considered aggravated assault. This is why it is important to speak with a lawyer to ensure you have all the proper evidence of intent. This type of assault will usually result in felony charge on the criminal’s record.
Assault and Battery has more stipulations when it comes to proving your case. Not only will you need to prove assault (whether physical or intent of assault) as well as battery charges. Battery is considered the intentional harmful or offensive touching on the victim without their consent. A battery offense must include all of these factors (touching, harmful touching, lack of consent) in order hold the perpetrator fully liable for their actions. However, if you can prove intent of battery, the offender should still see repercussions.
What You Can Do After Becoming Victim of Assault
There are bound to be a million thoughts rushing through your head after becoming a victim of assault. However, it is important to know which steps are the most vital after the crime in order to receive your due justice against your attacker. Here are just a few things you can doo after becoming a victim of assault.
Call and File a Police Report: This should be number one on your list. Whether or not you were physically harmed, the police will guarantee your safety in the aftermath of an assault. They will also make sure you receive the medical attention that you need. The end result should be the incident on file in the form of a police report, along with any documentation from a medical professional. Both of these are important documents that you will need when presenting your case in court.
Get Medical Attention: Hopefully this will go hand in hand with calling the police. If the 9-1-1 dispatcher inquires about whether or not you need medical assistance, always reply in the affirmative despite the nature of your injury.
Take Photos and Videos: Oftentimes, medical records do not indicate or give the full picture to injuries acquired after an assault. Be sure to take photos and videos of any bruises, abrasions, or swelling in order to properly convey the extent of your injuries. Make sure these photos are properly dated as well. Taking a video of the surrounding area or reciting your recollection of the incident on video may also be helpful evidence.
Remove Yourself from the Situation: Sometime assaults are performed by those we know. Whether it has happened once or many times before you take action, you need to make sure that you are fully removed from the situation. Do not contact your attacker for any reason. Leave that to your attorney.
Call a Personal Injury Attorney: They are going to be the key to not only your safety, but they will help in the overall result of what happens to your attacker. Initially, most people think of the cost a lawyer might set them back and opt not to contact one. This is a mistake. You lawyer will be the backbone to holding up your case and they will make sure you receive the due diligence you deserve. We are here to help.
What Not To Do After an Assault
Don’t Talk About Your Case: It can be hard not to try to talk through such a terrible ordeal. However, it is important that you keep all matters of the situation and the facts between you and your lawyer. The person committing the assault may claim that you are only pressing charges in order to receive monetary compensation. Talk to your lawyer about these blurred lines.
Do Not Speak to Your Offender’s Friends or Family: If you are familiar with your attacker, then it might stand to reason that you have mutual friends, or even family members. Depending on your situation, you may find it difficult not to communicate with these people. However, it is vital that you remove yourself from contact until the matter is resolved in court. Private conversations with these people can be used in court against you.
Don’t Drop Charges: Maybe your friends or family are trying to persuade you to “just drop it.” The amount of time and energy it takes to get through the court proceedings after an assault can take a toll on you—and that’s after you have already been through such a terrible ordeal. Other times, the attacker may try to get you to change your mind or to only seek civil claims. This is not ensuring your due justice. It is also enabling the attack to further their actions against other people, putting them in the same circumstance you now find yourself in. Sticking with the pursuit of charges is important to ensure that no other person is put in the same situation due to this attacker. You will be helping someone else from going through an assault.
Who To Talk To After an Assault
It should go without saying, but being a victim of assault is not your fault. Contacting the police and medical professionals to ensure your safety, and to secure documented records of the occasion is the first step in taking charge of the situation. Remember, despite how this attacker made you feel, you are in control. Talk to these people immediate after the assault.
After all is said in done, you may still feel frightened or shocked at the situation. In this case, there is benefit in seeking counseling from a professional. They can help direct your mind back to comfort and ease after being a victim of assault. Likewise, talking and spending time with friends and family will help to eliminate any sense of doubt or worry you may be experiencing.
Assault is a civil action that is considered a criminal act. It is not simple inflicting physical injury upon someone, rather it is instilling an immense sense of fear upon another individual. So for instance, if you or someone you know, is in a less than fit marriage, they can still bring their spouse to court under tort law. Tort law claims that someone did wrong onto another person. It is a common law practice, that sees many family cases. If you or your friend are in a relationship where you are in fear for your life, you can file assault charges, even if the spouse has never physically touch you.
Contact us
At the Law Office of Frederic E. Waczewski, P.A. in Orlando, Florida, we do our best to help victims of assault seek justice on their attackers. If you or someone you know are in need of assistance, please give us a call. We are here to help.
