FAQ: Personal Injury Claims and Assault Charges

Assault Lawyer

Assault charges can range in severity depending upon the events that occurred. The ramifications of assault, and the consequences you stand to face can vary, making the help of a lawyer crucial to ensuring you have a clear picture of the best course of action to take. If you have been charged with assault, you will probably be left with a number of questions regarding the process, especially if the victim pursues a personal injury claim. Working with a criminal defense lawyer may be beneficial in assisting you through what may be a particularly complicated process. 

What makes up an assault charge?

Assault can take on many forms. Traditionally assault is when you have threatened or made attempts to cause harm to another person. As a result, the victim, fears for their safety should you inflict harm upon them. In some cases, assault charges may become more severe if you used a deadly weapon to threaten the victim. Other charges that may be more severe, such as assault and battery is when a threat is made to another person, and you also inflict harm upon them.

Can the victim make a civil claim against me if I am charged with assault?

When people think about personal injury cases often the first that comes to mind are situations involving car accidents. However, a victim may have a strong enough case to pursue a personal injury case if they have obtained injuries and damages as a result of an assault. With the help of their personal injury lawyer, the victim may be able to pursue compensation from you. 

Will the victim wait until I am convicted before taking legal action against me?

Much of the time yes, it’s beneficial for the victim to way until the criminal proceedings have come to a close and a determination has been reached. Even if a victim takes legal action before the criminal case even begins, usually the civil case will not be able to proceed until the criminal case reaches a resolution. It’s important to be aware that the evidence from your criminal case may be used in the civil case you find yourself facing. Should the victim choose to take legal action against you in the form of a personal injury lawsuit, it’s best to speak with your criminal defense lawyer to determine the best way to proceed. 

Should I obtain two separate lawyers if I am managing civil and criminal cases? 

Each of these case types occurs in different courts. It’s important to know that an assault charge will be overseen by the criminal court system while a personal injury case will proceed through the civil courts. Because of this, it may be in your best interest to work with a lawyer familiar with the personal injury process should a lawsuit be filed against you. 

Managing an assault charge can be stressful enough. When coupled with the possibility of a personal injury claim, you have every right to be concerned. Knowing the proper course of action to take, is best suited for a criminal defense lawyer. Working with a criminal defense lawyer in your area can help you to navigate the court system and keep your best interests at the forefront of your case. Contact a criminal defense lawyer to learn more about how to navigate the assault charge you are facing. 

Source: Assault Lawyer Arlington, TX, Brandy Austin Law Firm, PLLC

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