Assault cases can be both criminal and civil, but they address distinct legal concerns. Understanding these differences in criminal and civil assault cases is crucial for victims seeking justice and compensation.
Criminal Assault Cases: Punishing the Offender
Criminal assault is prosecuted by the state. It is intended to punish the offender and protect society. Key features include:
- Purpose: Criminal cases focus on establishing guilt beyond a reasonable doubt.
- Consequences: Punishments may include jail time, probation, fines, or mandatory counseling.
- Control: The state or federal government decides whether to pursue charges, not the victim.
While criminal cases provide accountability, they do not compensate victims for their injuries or damages.
Civil Assault Cases: Seeking Compensation
Civil assault cases are personal injury claims filed by the victim against the offender. These cases aim to provide compensation for harm caused. Key aspects include:
- Purpose: The goal is to recover damages for medical expenses, lost wages, and emotional distress.
- Burden of Proof: Plaintiffs must prove their case by a preponderance of the evidence—a lower standard than criminal cases.
- Outcome: Civil cases result in monetary awards rather than criminal penalties.
Victims can file a civil case even if the offender was acquitted in criminal court.
Examples of Assault That May Lead to a Civil Case
Civil cases often follow intentional acts such as:
- Physical attacks like punching or shoving
- Threats of harm that cause fear
- Using a vehicle to cause injury at events
If you have been harmed, you may be entitled to compensation through a civil case.
Why Hire Fielding Law?
At Fielding Law, we understand the challenges victims face in the aftermath of an assault. Our experienced attorneys are here to provide compassionate and capable representation. We will work tirelessly to build your case and secure the compensation you deserve. Call us today at 833.88.SHARK for a free consultation.
How Criminal and Civil Cases Can Work Together
While criminal and civil cases are separate, they can complement one another. A criminal conviction may strengthen a civil case, but a civil lawsuit can also proceed independently.
Your Rights as a Victim
As a victim, you have the right to seek justice and compensation for the harm you endured. A civil lawsuit empowers you to hold the offender accountable and regain control of your life.
Contact Us Today
If you or a loved one has been injured in an assault, do not wait to seek help. Fielding Law is here to guide you through the legal process and fight for your rights. Call 833.88.SHARK or visit our website for a free consultation. Let us help you on the path to justice and recovery.
Note: Information provided is for educational purposes and does not constitute legal advice. Always consult with a qualified attorney for legal concerns.
