Assault and battery in the state of Arizona refers to the crime of threatening, attempting, or succeeding in intentionally injuring another person. It is a form of criminal assault and may also give rise to a civil intentional tort claim. Prosecutors commonly bring these charges after fights, brawls, bar incidents, street assaults, and acts of violence in commercial establishments throughout Phoenix, AZ. The victim of assault and battery may suffer serious injuries, physical harm, and emotional distress, including feelings of helplessness, anger, and symptoms of post-traumatic stress disorder (PTSD).
At Gallagher & Kennedy, our Phoenix attorneys serve as a personal injury assault lawyer team for victims pursuing civil justice. Liability for an assault may extend beyond the individual who committed the act to include property owners or businesses that failed to provide a reasonably safe environment. If you are a victim of an assault caused by an intentional act, Arizona law may entitle you to compensation. Contact one of our experienced personal injury attorneys for a free consultation.
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Phoenix Assault & Battery guide
Why Clients Choose Our Phoenix Assault Lawyers
- More than 45 years of Arizona personal injury practice experience
- Proven results in assault and intentional tort cases
- Recognition for workplace culture and retention of top legal talent
- Strong attorney-client relationships that support case success
- Willingness to go to trial when insurers refuse fair settlements
What Constitutes Assault & Battery in Arizona?
Assault and battery are distinct offenses under Arizona law, even though they are often charged together. These claims are based on intentional conduct, not negligence, and differ from claims involving medical malpractice, workers compensation, a car accident, or car crashes.
Aggravated assault is a felony offense and may involve an intentional act using a deadly weapon or causing serious physical injury.
What Is a Civil Assault & Battery Claim?
A civil assault and battery claim allows victims to pursue financial recovery through a civil case that is separate from the criminal justice process. These cases are classified as intentional tort cases, requiring the victim to prove liability by showing the defendant engaged in wrongful intentional conduct.
Assault claims can arise from many situations, including street assaults, bar fights, workplace incidents, false imprisonment, and assaults occurring in commercial establishments. These matters are distinct from other personal injury cases, such as auto collisions or premises negligence unrelated to violent acts.
The burden of proof rests with the victim, and most cases resolve through settlement rather than trial, which is often faster and less risky than litigation. Settlement negotiations frequently involve an insurance company representing the defendant or property owner.
Damages Available for Criminal Assault and Battery
Civil claims allow victims to recover damages for both financial losses and personal harm. In personal injury cases, psychological injuries can be just as significant as physical pain.
Compensatory Damages
Compensatory damages may include:
- Medical expenses and future care costs
- Medical and hospital bills for Emergency treatment
- Lost income and reduced earning capacity
- Physical pain and non-economic damages, including emotional suffering
- Psychological harm, such as PTSD and long-term mental health effects
Victims may bring a personal injury damage claim even if no criminal conviction occurs.
Settlement amounts vary based on injury severity, liability, and coverage. Minor injury cases may settle between $3,000 and $25,000, while severe injury claims may result in compensation from $100,000 to $2,500,000 or more. Compensation strategies should adjust based on available insurance coverage and defendant assets.
Punitive (Exemplary) Damages
Arizona law allows punitive damages when a defendant acts with an “evil mind,” meaning intentional misconduct or a conscious disregard for the safety of others. These damages are designed to punish egregious behavior and deter similar conduct.
Statute of Limitations and Comparative Fault in Arizona
In Arizona, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of injury. If a criminal case is pending, the civil deadline may be extended until the criminal matter concludes.
Arizona follows a comparative negligence rule. If a victim is partially at fault, they may still recover compensation, reduced by their percentage of fault.
Choosing the Right Assault Attorney in Phoenix
When hiring counsel, victims should look for experience with intentional tort and other intentional tort claims, not attorneys focused exclusively on auto accidents or other personal injury cases. Important considerations include negotiation skills with insurers, willingness to go to trial, and knowledge of Arizona’s specific negligence and damage rules.
Most Phoenix personal injury lawyers work on a contingency basis, typically charging 33% to 40% of the final recovery. Many attorneys advance case costs and deduct them only if compensation is recovered. Many law firms also offer free consultations, and prospective clients should review an attorney’s disciplinary history before hiring.
Contact Our Phoenix Assault & Battery Lawyers Today
A Phoenix personal injury attorney from Gallagher & Kennedy can help you collect evidence, establish fault, and pursue compensation for physical injuries, emotional trauma, medical bills, and lost wages. Emotional support and counseling services are often critical to recovery, and a trauma-informed legal approach can help address the psychological impact of assault.
Having legal representation is crucial, as the opposing side often has attorneys working to minimize liability. Contact Gallagher & Kennedy today to discuss your assault case. Initial consultations are free.