How can someone prove assault in court?

On Behalf of | Jun 8, 2018 | Violent Crimes

You’ve recently faced accusations of assault, but you’re not quite sure what that entails. You never intended to hurt someone, and you don’t understand how you can be accused of hurting someone you never touched.

The reality is that assault is not what most people think. It doesn’t require physical touch or abuse. Here’s a little more about assault and what it really is:

Understanding how to prove assault

To prove an assault in civil court, there are a few things that have to happen. First, the alleged victim has to show that there was an intentional threat of violence or offensive contact. Then, he or she has to show that there was offensive contact if there is to be another claim for battery. Interestingly, assault claims do not require proof of actual physical contact. Instead, showing a threat of violence is enough.

The person claiming assault needs to show that there was a reasonable fear of an attack or violence. For instance, if an aggressive person threatens you with a knife, then there is a reason to believe that you could be in danger. However, if a friend jokingly threatens to hurt you, then your claim wouldn’t have much merit without further evidence. This works in your benefit as a defendant, because you may be able to show you did not create a reason to believe that the plaintiff would be in danger.

In an assault case, it’s possible that physical violence may have occurred or that mental injuries happened. If that’s the case, then a person can file a claim and seek compensatory damages for any financial losses he or she has suffered. A simple civil case can be used to file a claim while a criminal case is pending or after it’s finalized and regardless of a criminal case’s results. Your attorney can help protect you from both criminal and civil lawsuits.

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