Assault

Assault, in addition to being a criminal charge, is also a viable cause of action for a civil lawsuit against another person. It differs from a negligence lawsuit insofar as negligence lawsuits fall under the realm of unintentional torts, whereas assault is an intentional tort. What many people do not realize about assault, however, is that no physical contact is necessary. Instead, only the threat of imminent danger is required to bring a claim of assault.

Although physical contact is not necessary, someone physically harming another can certainly qualify as assault. In the event of actual physical harm, these cases are typically easy to prove, however it is still important to contact a personal injury lawyer in order to ensure that you receive just compensation. In cases where physical injury did not occur, it is even more necessary to contact a lawyer experienced in these matters, because the definitions involved can vary wildly.

What is considered “threatening” and “imminent” is highly subjective and can often depend on the judge and how the situation is presented. Typically, a threat is considered imminent if the action that is being suggested would cause physical harm had it had been carried out. Someone brandishing a knife as if to stab someone would be considered an imminent threat; if the stabbing actually occurred, physical harm would almost definitely result.

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This article is not intended to serve as, or as a replacement for, legal advice. If you have been assaulted and suffered a physical or mental injury as a result, contact the New York City personal injury lawyers of Orlow, Orlow & Orlow, P.C.