Hold Your Attacker Financially Accountable—Even Without a Guilty Verdict
Share:
When you hear the words assault and battery, your first thought might be of someone being arrested and facing jail time. But did you know that victims of assault and battery may also have the right to file a civil personal injury claim—even if there’s already a criminal case underway?
Here at DuFault Law, we often hear questions like:
“Can I sue someone for assault if they’re already being prosecuted?”
“What’s the difference between a criminal case and a civil lawsuit in an assault and battery case?”
“Do I have to wait for the criminal trial to end before seeking compensation?”
If you’re asking these same questions, you’re not alone—and you’re in the right place. This post will walk you through exactly how criminal and civil assault cases differ, how they can impact each other, and what your options are if you’ve been injured in an assault.
Quick Definitions: Criminal vs. Civil Law
Assault and battery can be both a crime and a tort (a civil wrong). That means you can pursue a civil lawsuit regardless of whether the attacker is convicted in criminal court. Let’s start with the basics:
Criminal cases are brought by the state (like Florida or Georgia) against someone accused of breaking the law. The goal is punishment—think jail time, probation, or fines.
Civil cases are brought by individuals (like you) seeking compensation for harm done. The goal is to recover damages—such as medical expenses, lost income, or pain and suffering.
Understanding Assault and Battery: The Legal Breakdown
Though they’re often mentioned together, assault and battery are technically separate legal concepts:
Assault: The threat or attempt to cause harm that puts someone in reasonable fear of imminent danger.
Battery: The actual unwanted or harmful physical contact.
Example: If someone swings a punch at you but misses—that’s assault.
If they make contact and injure you—that’s battery.
Criminal Assault & Battery Cases: What to Know
In criminal court, the state prosecutes the offender. As the victim, you’re considered a witness—not a party to the case. The state’s goal is to punish the wrongdoer for violating the law. Key Facts:
The prosecutor must prove the case beyond a reasonable doubt—a very high standard.
Sentences may include jail, probation, or community service.
You do not receive compensation directly from the criminal trial (though restitution may sometimes be ordered).
Real-World Example: In Florida, an aggravated battery conviction (like one involving a deadly weapon) can result in up to 15 years in prison under § 784.045, Florida Statutes.
Civil Assault & Battery Claims: Your Right to Compensation
In a civil case, you sue the person who hurt you—not to punish them, but to make you “whole” again through financial compensation. Common Civil Damages Include:
- Medical bills (past and future)
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages (in extreme cases)
The burden of proof is also lower—you only have to prove your case by a preponderance of the evidence (i.e., more likely than not).
Statistic: According to the U.S. Bureau of Justice Statistics, victims of violent crimes incur an average of $8,700 in direct medical and legal costs—and that doesn’t account for pain, trauma, or lost income. A civil lawsuit helps recover these losses.
Can You File a Civil Lawsuit If Criminal Charges Weren’t Filed (or Failed)?
Yes, you can. A civil claim is completely independent of a criminal prosecution. Even if:
- Charges were never filed
- The attacker was found “not guilty”
- The case was dismissed
…you may still be able to win your civil case.
Case in Point: Think of the O.J. Simpson case. He was acquitted of murder in criminal court—but later found liable in a civil wrongful death lawsuit and ordered to pay $33.5 million in damages.
Can You Sue While the Criminal Case Is Still Ongoing?
Yes—but timing matters. Sometimes it’s best to wait until after the criminal trial concludes, especially if a conviction would help prove liability in your civil case. However, there are statutes of limitations to watch:
In Florida, victims generally have up to 4 years to file a civil claim for assault and battery (though this may vary depending on the nature of the injury).
In Georgia, the window is typically 2 years.
Always speak with a personal injury attorney early to make sure your rights are protected.
How a Criminal Case Can Help (or Hurt) a Civil Lawsuit
While the two are separate, a criminal case can influence the civil one:
How It Helps:
- A conviction can serve as strong evidence of liability.
- Police reports, witness statements, and forensic evidence may become part of your civil case.
Potential Drawbacks:
- You might face delays if you wait for the criminal case to wrap up.
- The standard of proof is different, so even if the attacker is acquitted, your civil case may still succeed.
Why Legal Representation Matters in Civil Assault Claims
These cases are highly emotional and legally complex. You’ll likely face insurance companies or defense attorneys who will try to downplay your injuries or shift blame. At DuFault Law, our experienced personal injury attorneys will:
- Gather critical evidence to build your case
- Represent you aggressively in negotiations or at trial
- Help you understand your options if a criminal case is ongoing
- Fight for full and fair compensation
Key Takeaways: Know Your Rights After an Assault
- Assault and battery can lead to both criminal charges and civil lawsuits.
- You can file a personal injury claim regardless of the outcome of the criminal case.
- Civil lawsuits allow victims to seek compensation for medical bills, pain and suffering, and more.
- Legal help is essential to navigate both systems and protect your rights.
Have You Been a Victim of Assault or Battery? We’re Here to Help.
If you or a loved one has been injured due to assault or battery, don’t wait. The sooner you act, the better your chances of recovering the compensation you deserve. We are committed to standing by your side—no matter how complex the case.
- Call us at (239) 422-6400
- Email us at contact@dufaultlaw.com
- Or Visit our Contact Page to schedule a consultation
Comments are closed