Personal Injury
Assault & Battery
Being the victim of a violent act entitles you to pursue civil compensation — separate from any criminal case. We represent assault and battery victims throughout California.
When someone intentionally harms you, you have the right to pursue a civil lawsuit for damages — regardless of whether criminal charges are filed or result in a conviction. A civil assault and battery claim is separate from the criminal justice process and can provide financial recovery for your injuries, lost income, and emotional suffering.
Civil claims for assault and battery often involve third-party liability as well. If the attack occurred at a business, parking lot, or other property where security was inadequate, the property owner may share responsibility. We investigate every available avenue of recovery to maximize your compensation.
What We Handle
Types of Assault & Battery Cases
Understanding Your Options
Civil vs. Criminal Claims
Many victims do not realize they can pursue a civil lawsuit independent of the criminal case. Here is how the two processes differ:
Different Burden of Proof
Criminal cases require proof beyond a reasonable doubt. Civil cases require only a preponderance of the evidence — meaning it is more likely than not that the defendant committed the act. This lower standard often makes civil claims viable even when criminal charges fail.
Different Outcomes
A criminal conviction results in punishment — fines, probation, or imprisonment. A civil judgment results in financial compensation paid to you. The two are not mutually exclusive, and a criminal acquittal does not prevent you from winning a civil case.
Third-Party Liability
In a civil case, we can pursue not only the attacker but also third parties whose negligence contributed to the assault — such as a bar that over-served alcohol, a property owner with inadequate security, or an employer who negligently hired or retained a dangerous employee.
Compensation
What You May Be Entitled To
Compensation in civil assault and battery cases can include medical expenses, lost wages, pain and suffering, emotional distress, and costs related to ongoing psychological treatment or counseling.
Because assault and battery involves intentional conduct, punitive damages are often available in California civil cases. Punitive damages are designed to punish the defendant and can significantly increase the total recovery beyond actual losses.
Common Questions
Frequently Asked Questions
Can I sue if the attacker was never charged or convicted?
Yes. A civil lawsuit is entirely independent of the criminal process. You do not need a criminal conviction — or even criminal charges — to bring a civil assault and battery claim. The lower burden of proof in civil court often makes these cases viable regardless of the criminal outcome.
What if the attacker has no money to pay a judgment?
This is a common concern. In many cases, we pursue third parties — property owners, employers, or businesses — who may have insurance and bear some responsibility for the attack. We evaluate all potential sources of recovery before advising you on how to proceed.
How long do I have to file a civil assault and battery claim?
In California, the statute of limitations for civil assault and battery is generally two years from the date of the incident. Some exceptions apply depending on the circumstances. Contact us as soon as possible to protect your rights.
Injured? Get The Compensation You Deserve.
Our Sacramento personal injury attorneys are ready to fight for you. Free consultation. Contingency fee, so you pay nothing upfront.