According to the Wisconsin Department of Justice, there were 9,758 cases of simple assault and 6,400 cases of aggravated assault in Milwaukee County. It’s important to know how to seek legal action if personal injury is the result of an assault and battery. Here’s what you need to know about finding a personal injury lawyer for assault and battery.
What is Assault and Battery?
Wisconsin State Statute 940.01 defines assault and battery as, “whoever causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class A misdemeanor.”
Assault can be both verbal and physical. Threatening physical harm against someone is punishable in the court of law. Battery often refers to using weapons, hitting someone with a car or having sexual relations with someone who is underage. Aggravated assault is essentially adding insult to injury. For instance, if you tell someone you are going to assault them and follow through with it, you have committed aggravated assault.
People are likely to defend themselves when threatened with violence. However, the legal definition of self-defense can be tricky.
What is Self-Defense?
Wisconsin State Statute 939.41 states that, “a person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person.” In other words, a person is able to defend themselves if they are either threatened, assaulted, or if they are preventing the event of serious injury or death.
The self-defense statute allows you to defend yourself if someone unlawfully enters your home or business. However, if you provoke someone or if you intend to hurt someone, you lose the privilege of self-defense. For example, a bar owner has the right to break up the fight as long as he doesn’t cause harm. Or, if a person unlawfully enters your home and assaults you, you may defend yourself.
Self-defense is a touchy subject. If you seek compensation for injury due to an assault, here’s what you need to know about civil and criminal charges.
Seeking Compensation for Assault and Battery
Assault and battery cases can both be taken to criminal and civil courts. You must be able to provide an abundance of proof that the defendant made threats, and/or acted on that threat. People must present evidence beforehand if they are seeking compensation for personal injury in civil court.
Knowing the difference between assault, battery and self-defense can help you get the compensation you deserve. If you are the victim of an assault, contact Gebhard Law Offices for a lawyer with years of experience in personal injury.