Actions To Take After An Assault
We may feel safe going for a run, waiting at a bus stop, or walking to our car after work. However, the reality is that even in the safest of areas, a person can be randomly assaulted at any time.
Assault is a crime that can carry serious charges. But what exactly is assault, how does it differ from battery, and what legal steps should you take after an assault?
What the Law Says
Under Section 784.011, Florida Statutes, assault is defined as an intentional, unlawful threat to perform a violent act upon another person, by word, action, or both. There must also be an apparent ability to perform the action. In addition, the victim must be in fear that violence is imminent.
What this means is that, contrary to popular belief, assault does not have to include physical touching. When a person is touched in an offensive manner, it becomes battery.
Assault is typically a second-degree misdemeanor, with punishment that may include incarceration, a maximum fine of $500, and up to six months of probation.
Can I Sue?
Law enforcement will focus on the criminal aspect of an assault case. This means they will prosecute and punish the attacker. Officials may impose prison time, fines, and other penalties.
There is also a civil aspect to assault crimes. Victims suffer damages due to assault. They may be physically injured. They may face emotional and psychological effects, such as pain and suffering or even fear. If the victim has to miss work or pay for medical expenses due to the assault, they are facing financial consequences as well. A victim should not have to handle these expenses on their own.
If you have suffered damages due to an assault, whether it occurred on public or private property, you need to seek legal help from a personal injury lawyer. A lawyer can hold the assailant responsible for their actions and make them pay for your damages. If your assault happened on someone else’s property, the property owner could potentially be held liable under an element of premises liability. Under Florida law, property owners have an obligation to ensure the safety of their guests. If they fail to take reasonable actions to provide a safe environment, they are considered to be negligent.
Contact a Bradenton Personal Injury Lawyer Today
Assault victims often suffer a wide range of damages. While there may be criminal actions taken against the assailant, you as a victim can file a civil lawsuit as well to obtain compensation for damages.
The Bradenton assault lawyer at The Cahall Law Firm can help you get justice. Let us help you get the compensation you deserve for the harm you suffered in an assault. To schedule a free consultation, call (941) 281-2019 or fill out the online form.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.011.html
