Assault And Battery And Other Intentional Torts | Sodhi Law Group Modesto
Assault and battery and intentional torts are not due to accidents or negligence. These cases are based on another person attacking or harming another on purpose. Many people assume that assault and battery are always charged together. However, they can be charged separately. Assault is the action or the threat of trying to harm. Battery is the actual act of harming someone.
Intentional torts are harms committed by one person against another on purpose. Many intentional torts can also be crimes, yet still, result in a civil suit. This means that if the defendant is found guilty for the crime charged as an intentional tort, they are found liable and can be ordered to pay for monetary damages caused by the incident. Intentional tort cases can include:
- Assault and Battery
- False Imprisonment
- Conversion
- Intentional infliction of Emotional Distress
- Fraud/Deceit
- Trespass on land and property
- Defamation
- Invasion of Privacy
- Arson
Crimes charged simply as a crime are somewhat different. These charges would be brought upon by the state, not by a personal party, in the interest of public safety. These cases are not charged to seek payment for monetary damages.
The plaintiff must prove that the defendant had caused harm and that the intent was to in fact cause harm. The specific requirements on proving this does of course vary from state to state. Some states only require proof that the defendant intended to harm another and not actually intended to commit the act that led to the harm.
Defenses that can not be used in these cases are if drugs or alcohol were consumed, or if the plaintiff had instigated the defendant to want to cause harm. Also, if there was an agreement or the plaintiff voluntarily entered themselves into a situation knowing it could result in harm.
Since laws and statutes vary from state to state. Getting help from an experienced lawyer is the best route to take. A lawyer well versed in these specific laws only help the case and can provide confidence in a victorious outcome.
For Your Defamation Libel and Slander case contact sodhi law group today.
The Sodhi Law Group is a highly successful law firm located in Modesto, California. We specialize in Criminal Defense, Civil Litigation, Personal Injury, Contracts and Transactions, and many other legal services. Jak Sodhi, Ameet Birring, and their team of professionals offer more than 20-plus years of legal experience and over 90% successful court cases since 1999*.
This blog does not create an attorney-client relationship. This blog is legal information and should not be seen as legal advice. You should consult with an attorney before you rely on this information.
Have questions? Contact Sodhi Law Group at http://sodhilawgroup.com/ or (209) 263-4820. Also, follow us on FaceBook today. Or fill out the form below.