An Assault Isn't Just A Crime, But An Act Allowing For Compensation To The Victim

Posted By Caputo & Van Der Walde LLP || 21-Sep-2012

Assault is a criminal act in California. It is when someone engages in conduct which is likely to result in a violent or forceful act against another. It is not required that it actually result in the violence (that would be a battery). All that is required is that the attempt be made and that the person had the ability to carry out the threat/attempt. The fact that someone behaved in such a way as to make another believe he/she was going to be injured in some way is sufficient to satisfy the elements of an “assault”. “Aggravated assault” is a more egregious charge as it requires the added element of committing an assault through the use of a deadly weapon and/or the victim being seriously injured. Both assault and aggravated assault carry with them the possibility of incarceration for the perpetrator of the crime.

Of course, if you are a victim of an “assault” or “aggravated assault” and suffer emotional and/or physical injury, the distinction between the two as well as the fact that the one who assaulted you might spend time in jail makes little difference. Your concern is to get better, pay your medical bills, and get on with your life. Just because the one who is responsible for your injuries may be in jail does not mean that you are not entitled to just compensation for your injuries. The experienced San Jose assault victim lawyers at Caputo & Van Der Walde LLP are here to help you receive that compensation. Call us at (800) 900-0863 for a free consultation and start that journey to getting on with your life after an assault.

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