While often treated as a single crime, “assault” and “battery” actually represent two separate elements of criminal activity. Assault is any threatening or intimidating action, which causes the victim to fear an imminent bodily injury, however does not include bodily contact. Battery is the act of physically injuring another. The primary difference between assault and battery is harmful bodily contact. Although the physical component of battery in fact supersedes the crime of assault, assault is commonly understood as part and parcel of the subsequent bodily harm.
Assault and battery is subject to criminal law and civil law. The State of Georgia sets out rules based on the details of a specific case taking into consideration any mitigating factors like self-defense or defense of another person or property. If one causes harm to another in a violent and express manner, the victim may seek compensation for pain and suffering, medical bills, and wages lost as a result of the crime.
When determining liability for assault and battery, the claimant must show that the responsible person caused bodily injury, without “privilege,” meaning the injury resulted within some protected form of action like while participating in a sporting event or during a police procedure. In the absence of any privileged action due to the perpetrator, the victim of assault and battery has a right to receive compensation for the harm suffered.
The particulars of each assault and battery claim are different and should, therefore, be discussed with an attorney experienced in such manners.
Call Savannah personal injury lawyer Ty Wilson for an evaluation of your claim at 1-866-937-5454.