Assault and Battery: Civil vs. Criminal Cases

While waiting in line to be seated for dinner at a popular nightclub, you were attacked by another customer who was upset by the long wait time. The attack left you with severe facial injuries, requiring extensive reconstruction and plastic surgery.

Two days later, while you were recovering in the hospital, a police detective visited. Your attacker, the detective said, was being charged with criminal assault and battery. They also suggested you speak to an attorney about filing an assault and battery claim.

How is criminal assault and battery different from an assault and battery claim? In this article, we'll explain:

• the legal definitions of assault and battery
• the differences between civil and criminal assault and battery cases, and
• what to do if you've been assaulted.

"Assault and Battery" Defined

An assault is an intentional act by one person that causes another person to fear immediate harmful or offensive physical contact. To constitute an assault, the victim must be aware that they're being assaulted. For example, if someone raises their fist to strike you while you're facing them, you've been assaulted. But if they raise their fist to you while your back is turned, chances are there's no assault. Why? Because you're not aware of the threat.

A battery is essentially a completed assault—an intentional act that causes harmful or offensive physical contact. Continuing with our last example, if the person who raised their fist actually strikes you, that's a battery.

Though they're distinct acts, assault and battery are so intertwined that they're often charged together or referred to as one civil claim. Simply be aware that while they often travel as a pair, they can exist separately.

(Learn more about the differences between assault, battery, and aggravated assault.)

Civil Assault and Battery

Civil assault and battery are "torts." A tort is a wrongful act that causes harm to another. Most torts result from negligence (carelessness), like car accidents. But others, such as assault and battery, are deliberate acts known as intentional torts.

Examples of intentional torts include:

• assault and battery
• false imprisonment,
• fraud, and
• defamation.

A similar set of facts can look like ordinary negligence or an assault and battery. How? Let's take a look.

Imagine you're standing in a parking lot loading groceries into your car when another car across the lane accelerates rapidly toward you and your vehicle. You freeze and scream in fear.

Suppose the driver was reaching for a cell phone that slipped off the passenger seat and onto the floor. In the process, their foot slipped off the brake and hit the gas, causing the car to accelerate toward you. The driver's behavior was negligent. All drivers have a duty to operate their vehicle in a safe manner. This driver violated that duty by driving while distracted. If they hit you or your car, you could file a car accident lawsuit against them.

Now, imagine that the driver was yelling and cursing at you to get out of the way and deliberately accelerated toward you, slamming on the brakes at the last second to avoid hitting you. That's an assault. They intentionally placed you in fear of immediate physical harm. Your fear was reasonable under the circumstances. The driver's intent is key.

(Learn more about assault and battery as personal injury claims.)

Criminal Assault and Battery

A crime happens when someone violates a criminal statute that prohibits and punishes certain conduct. Criminal cases are brought by the state to protect public safety. The government (usually represented by a district attorney) has to prove the elements of the crime beyond a reasonable doubt. Potential criminal penalties include fines, community service, probation, jail or prison, and restitution.

A verdict of not guilty in a criminal assault or battery case doesn't prevent the victim from filing a civil suit for the same act. Civil lawsuits are about money, not criminal punishment, so double jeopardy rules don't apply. A famous example of how this works is the O.J. Simpson case. Simpson was found not guilty of murdering Nicole Brown Simpson and Ronald Goldman, but a civil court held him legally liable (responsible) for their deaths.

What to Do If You've Been Assaulted

If you've been assaulted, it's important to protect yourself and your legal rights.

• Get medical attention. If you're hurt, go to the doctor. Getting treatment will help you recover and support a personal injury claim against your assailant.
• Call the police. If you want your assailant to be criminally prosecuted, you'll have to call the police. An officer will investigate what happened and write a report. Prosecutors will look at the report and decide whether to file criminal charges. Calling the police isn't a guarantee that charges will be filed. (Learn more about how prosecutors decide which cases to charge.)
• Gather evidence. Get the names and contact information of anyone who witnessed the assault. You'll also want to take pictures of anything that might help you show that you were assaulted and how you were harmed. You can use the evidence you gather if you decide to file a personal injury claim against your assailant.

(Learn more about preserving evidence for your personal injury claim.)

Getting Help After an Assault and Battery

If you've been hurt in an assault and battery, it can be hard to know what to do. You might be a witness in the criminal prosecution, or you might be wondering why your assailant hasn't been criminally charged. A lawyer can answer your questions and advise you about your rights in criminal and civil court.

If you've been accused of assault and battery, talk to a criminal defense attorney about your rights. A lawyer will explain potential defenses and cover the basics of criminal law.

Here's how to learn more about hiring and working with lawyers.