Assault and Battery Cases

While an assault case is often considered a criminal act, if you have been a victim of an assault and have been injured or harmed due to the unlawful touching by a person, it’s also considered a personal injury. The law offices of Schoone, Leuck, Kelley, Pitts, & Pitts SC will explain your rights under the law and help file your claim.

An assault consists of an apparent threat of bodily harm coupled with the ability to carry out the threat and includes three elements:

 

• An unlawful threat to cause injury to another
  
• Circumstances that create an apprehension of harm in the victim
  
• The ability to carry out the act
  

 

An assault is an act that includes the threat of harm with the ability to carry out the threat. A battery is the actual touching or striking of another person in attempt to commit harm.