Assault in Civil Court: Breaking it Down!

Beginning in ancient times, societies have prohibited assault. Many rules those long-dead people lived by have fallen by the wayside. But still today, most people believe that physical assault is one of the worst transactions a person can commit. But, like everything else in the law, it’s complicated.

That’s especially true in civil court, because courts must address two issues instead of one. First, did the tortfeasor (negligent actor) commit an assault, and if so, who is legally responsible for the damages this assault caused. Many people think these issues are straightforward, but quite frankly, many people are wrong.

More and more frequently, particularly in hot-button, politically-charged assaults, victims allow advocacy lawyers to represent them. Generally, these lawyers care deeply about the cause, but care little or nothing about the client. The Best Personal Injury Lawyer, on the other hand, advocates for individuals, not ideas.

Basic Elements of Civil Assault

Any good analysis starts at the beginning, which in this case is the basic elements of civil assault in California. Since assault is an intentional tort, the elements are a bit different. To successfully file a civil lawsuit for assault, the plaintiff must prove the following:

• Intent: Contrary to popular myth, intent in a civil case is not like intent in a basketball flagrant foul. The bar is a little higher in civil court. Usually, a Los Angeles personal injury lawyer must prove the tortfeasor didn’t “accidentally” hit or push the victim and the tortfeasor wanted the victim to feel afraid or intimidated.
• Reasonable Fear: We all experience emotions differently, but for assault purposes, that difference doesn’t matter. Instead of getting inside the victim’s head, the court simply asks if an ordinary person would experience similar emotions in a similar situation.
• Causation: The final element of a civil assault in California is a negligence concept. There must be a direct connection between the tortfeasor’s actions and the victim’s damages. Furthermore, the victim’s apprehension must be a foreseeable (possible) consequence of the defendant’s actions.

The burden of proof in civil court is a preponderance of the evidence (more likely than not). So, a Personal Injury Attorney California lawyer doesn’t need much evidence to establish these elements. However, the evidence must be strong enough to refute some common legal defenses. More on that below.

This point brings up an important related point, which is the difference between civil and criminal assault.

First and foremost, the burden of proof is much higher in criminal court. A “he said, she said” case could hold up in civil court. But such cases almost never hold up in criminal court, no matter how much the jury sympathizes with a victim and hates a defendant. Prosecutors usually need additional evidence, frequently additional evidence of intent, to make their cases stick.

Additionally, the purpose is different. Criminal courts punish convicted defendants by sentencing them to jail, imposing fines, placing them on probation, and so on. Civil courts compensate assault victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Sometimes, the purpose overlaps. In California, crime victims are often entitled to some money from a victim compensation fund. But the amount is negligible and usually limited to medical bills only.

We should also mention control. Criminal prosecutors are basically advocacy lawyers. They represent the state. They don’t represent victims. In contrast, a Los Angeles personal injury lawyer can usually bring or drop charges against a tortfeasor at any time.

Defenses to Civil Assault

Consent and self-defense may be the two most common assault defenses in civil court. These defenses usually apply in criminal court as well, although the rules are a bit different.

Basically, self-defense is a reasonable (there’s that word again) use of force to protect a person or property against imminent harm. The response must be proportional to the threat, or perceived threat. You can’t bring a gun to a knife fight.

If the plaintiff consented to the defendant’s conduct, such as during a fight or a contact sport, the defendant may claim that no assault occurred. However, consent does not extend to excessive or unprovoked violence. Usually, because of the proportionality rule, hateful words, no matter how hateful, don’t justify physical violence.

Third Party Liability

If a Personal Injury Attorney Riverside lawyer can’t prove the elements of assault and overcome defenses, third party liability doesn’t matter. In other cases, it usually matters a lot.

Proving third-party liability, the second step in many civil assault cases, usually means proving a landlord or other property owner failed to provide adequate security, and the lapse of security substantially caused injury. Security lapses include:

• Broken cameras
• Burned-out lights
• Inadequate level of security (e.g. unarmed guards instead of armed guards)

Foreseeability, a concept discussed above, matters as well. Evidence of foreseeability (likelihood) in these matters includes the area’s crime rate and similar instances at that location.

Contact our personal injury lawyers for a free consultation!

Assault victims are entitled to substantial compensation in civil court. For a free consultation with an Experienced Personal Injury Attorney, contact the Law Offices of Eslamboly Hakim. The sooner you reach out to us, the sooner we start working for you.

Credit: Photo by Midjourney