Charleston Assault and Battery Attorneys
Many people think of assault and battery as a criminal offense, which it is. However, if you have been threatened with physical violence or injured in a physical altercation with others, you may have a civil cause of action against the assailant independent of whether or not the authorities charged the person with criminal assault and battery.
Threats of violence and physical altercations can occur in a variety of situation and can lead to emotional and physical injury, and at Clawson and Staubes, LLC: Injury Group, our Charleston injury attorneys have the experience to advise you of your rights if you have been the victim of assault or battery. There is generally a misconception amongst the general public as to what exactly constitutes assault and battery. Understanding these legal terms will better equip you to understand the nature of your claim.
An assault occurs when the conduct of a person places you in reasonable fear of bodily harm. Generally, this conduct must rise above mere abusive words. Threats are actionable if they are accompanied by an expression of intent to inflict injury. The standard by which such incidents are judged is whether a person of ordinary reason and firmness would be in fear due to the conduct and surrounding circumstances. A vain or idle threat is insufficient and there must be reasonable grounds for the fear.
A battery occurs when a person inflicts unlawful, unauthorized contact with or violence upon you, regardless of the degree. A blow or strike is not required and any forcible contact meets the standard. Similarly, intent to inflict injury is not required.
The most common defense to an action for assault and battery is self-defense. Where a person is acting in self-defense to repel an unlawful attack, generally, they cannot be held liable for assault and battery that occurs in response.
There May be Others Liable
When an assault and battery occurs, there may be other responsible parties in addition to the assailant. In South Carolina, owners and operators of businesses, bars and restaurants, security firms, and even the employers of assailants who were acting in the course and scope of their employment have been held liable for assault and battery.
Consult with an Assault and Battery Attorney in Charleston
If you or a loved one has been injured and suffered damages as the result of an assault and battery, you should speak with one of our attorneys about the legal options available to you. To speak with an attorney at Clawson and Staubes, LLC: Injury Group about the specifics of your claim directly, please call our offices today at (843) 720-0810.The inclusion of specific practice areas on the Clawson & Staubes: Injury Group website is informational in nature and is not an exhaustive listing of the areas of law in which the attorneys at Clawson and Staubes practice. Nothing contained in this website is intended to compare the type or quality of our services to the type or quality of any other lawyer or law firm’s services or to imply specialization or certification by any organization not previously approved by the South Carolina or North Carolina State Bar Board of Legal Specialization.