Phoenix Assault and Battery Attorney
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 criminal charge prosecutors commonly bring after fights, brawls and domestic violence. The victim of assault and battery could suffer significant personal injuries and physical harm as well as emotional and mental damages. At Gallagher & Kennedy, our Phoenix assault and battery lawyers support the rights of victims during civil lawsuits against perpetrators. If you are a victim of assault and battery in Phoenix, Arizona, request a free consultation with one of our experienced assault attorneys at (602) 530-8400. Arizona law may entitle you to financial compensation.
Why Clients Choose Our Phoenix Assault Lawyers
- We have more than 40 years of Arizona personal injury practice area experience.
- We have earned recognition for our Arizona law firm’s workplace culture, helping us retain top legal talent.
- We have proven our abilities to conquer even the most challenging cases.
- We value client relationships above all else and always provide outstanding customer service.
- We consistently make the news for our results, hard work and ability to handle assault claims.
What Constitutes Assault and Battery in Arizona?
Assault and battery are different crimes, despite the fact they are often charged together. There are three classes into which simple assault is categorized. All three classes of simple assault are misdemeanors.
- Class 1 Assault. The most serious misdemeanor charge requires proof that the offender intentionally or recklessly caused physical harm to the victim.
- Class 2 Assault. Refers to assault in which the offender intentionally placed another person in harm’s way leading to imminent physical injury.
- Class 3 Assault. Refers to assault in which the offender made contact with the victim with intent to injure or provoke them.
In Arizona, battery is considered aggravated assault. Aggravated assault is a serious violent crime that will send convicted parties to prison, even on the first offense. Aggravated assault breaks down into different classifications, such as the ones listed below:
- Assault with a deadly weapon
- Assault with a dangerous instrument
- Assault that causes physical injury
What Is a Civil Assault and Battery Claim?
Assault and battery survivors may not realize a criminal could face two different types of lawsuits against him or her: a criminal case and a civil case. Prosecutors in Phoenix may bring criminal assault charges against an offender to convict the individual of a crime and impose a sentence against him or her as punishment. It is up to a victim, however, (or the victim’s attorney) to bring civil assault and battery charges against an offender. Civil assault cases aim to reimburse the assault victim for the specific losses he or she suffered rather than to punish the defendant.
Damages Available for Criminal Assault and Battery
There are many reasons to bring an assault and battery civil claim against the person who caused you serious physical injury. At Gallagher & Kennedy, we believe criminals and assailants should have to answer for their actions through all means, including the civil justice system. Winning a civil claim for violent crimes could give you justice and closure after a traumatic event. It could also lead to important financial recovery for you and your family.
- Compensatory damages. All successful assault and battery civil claims result in compensatory damages. These could include reimbursement for the costs of lost wages, attorney’s fees, court costs, medical expenses, pain and suffering, travel costs, past and future emotional distress, property damage, and more. Compensatory damages can refer to the victims’ out-of-pocket and noneconomic losses.
- Exemplary damages. Exemplary damages, also called punitive damages, are an award a judge sometimes gives in personal injury cases involving particularly egregious defendants. In an assault and battery case, for example, a judge may order exemplary damages on top of a compensatory damage award to punish the defendant for his or her criminal acts.
Arizona law does not restrict the amount of compensation a claimant can receive in any personal injury claim. Article 2, Section 31 of the State Constitution prohibits limiting damages in civil claims. To find out what your assault and battery civil case could be worth, ask a Phoenix personal injury attorney from Gallagher & Kennedy during a free assault crime claim evaluation.
Contact Our Phoenix Assault and Battery Lawyers Today
A Phoenix assault and battery attorney from Gallagher & Kennedy could help you bring a civil assault and battery case on the grounds of intent to harm. A personal injury claim against the assailant could demand fair compensation for past and future losses. You may bring your civil case at the same time as a criminal case or wait until the resolution of the latter. The courts in Phoenix will generally extend your statute of limitations until the end of a criminal case against the same defendant. Contact us to learn more about how to bring a personal injury lawsuit in Arizona. Initial consultations are free.