Assault Injury Lawyers in New York, NY

An assault injury lawyer can help you file a claim for personal injuries against the perpetrator of the assault.

What is Assault?

In New York, assault is a criminal offense where, a person causes physical injury to another recklessly, with intent, or with criminal negligence. The victim files a complaint with the police, who then investigates it and submits its evidence to the prosecuting attorney, who then decides whether or not to file a criminal case for assault, given the evidence.

A civil suit for assault, on the other hand, does not require physical contact with the victim, but simply an intentional attempt or threat to injure the victim. The civil case is an intentional tort under common law, filed by the victim against the perpetrator, seeking financial compensation for pain and suffering, medical expenses, lost wages and future earnings, property damage, punitive damages and the like.

Civil Suit for Assault

A civil suit for assault requires the victim to prove the following elements:

An unwarranted attempt or threat to inflict injury on another person

Such attempt or threat was made with intent

Defendant’s perceived capability to cause harm

Causes reasonable apprehension of bodily harm or offensive contact in the victim

The attempt or threat to inflict injury must not have been provoked. The victim must not have instigated the defendant to make the threat.

Such threat must be accompanied by conduct that causes the victim to feel that offensive contact or body harm will ensue. Mere threat of words without further action cannot establish all the elements of assault. Thus, attempts or threats made over the phone, email, or social media apps may not be considered civil assault.

Civil assault can only be made intentionally and not negligently or recklessly. The defendant must have a clear intention to threaten the victim with harm. Courts will evaluate the threat from the point of view of the victim. A threat of injury made to a senior citizen may be considered civil assault, while the same threat of injury made to a grown man may not.

The victim must perceive the defendant to have the ability to cause harm. This perceived ability creates the apprehension on the victim that offensive contact will be made.

In a civil lawsuit for assault, only a preponderance of evidence is required in order to be successful, unlike in criminal case of assault where proof beyond reasonable doubt must be shown. Because of the different standards of proof required between civil and criminal cases, it is possible for criminal case of assault to be dismissed, yet still be successful in a civil clam.

Filing a case for civil assault requires the expertise of an assault injury lawyer to ensure that the facts of your case establishes all the elements of civil assault. Should you need legal representation, we, at the Law Offices of Albert Goodwin, are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].