Assault, Battery, and Intentional Torts

Injuries can occur for a variety of reasons. They can happen because another person was reckless (i.e. negligent torts). They can also happen if the person intentionally inflicted an injury through offensive contact.

Some common examples of common law intentional torts are:

• Assault and battery
• Sexual assault 
• Trespass to land
• False imprisonment

Intentional Harm: Civil Law vs. Criminal Law

Intentional torts fall under civil law, which follows the preponderance of the evidence standard. Civil law also addresses the elements that a victim must prove to prevail in their case. A personal injury lawyer can help you with this process. 

Keep in mind that certain torts, including assault and battery, can also give rise to criminal charges. These are charges that are brought against a defendant by a government prosecutor in a criminal case. 

In criminal law, assault and battery can mean different things. This article focuses only on civil tort cases between private parties.

Types of Intentional Torts

A tort is a civil wrong that causes harm (e.g. physical harm and emotional harm) to another person. Tort law includes a wide variety of actions. It is split up into many subcategories that cover a wide range of personal injury cases.

One way torts are divided is by the wrongdoer’s mental state. When a person has the intent to perform a particular action against an injured party, it’s categorized as an intentional tort.

There are various types of intentional torts that can give rise to injury claims, each with its own elements. Some intentional torts are:

• False imprisonment
• Fraud
• Intentional infliction of emotional distress
• Defamation
• Invasion of privacy
• Trespass
• Conversion

Intentional vs. Unintentional Injuries

It’s important not to confuse intentional torts with other kinds of torts. Not all torts require the wrongdoer (tortfeasor) to have intent. Their accidental actions or inaction can still be the proximate cause of a plaintiff’s injury.

For example, general negligence claims involve a violation of the duty of care or reasonable care. In those cases, the wrongdoer likely didn’t intend to hurt the other person. Yet, they are still liable for causing harm.

Assault and Battery Definitions

Assault doesn’t require that the defendant make physical contact with the victim. Instead, a tort of assault involves an intentional attempt or threat to inflict physical injury. It places another person in fear of or in reasonable apprehension of imminent bodily harm. For example, a person’s threatening behavior that results in personal property damage might not involve actual contact with an injured party. But a reasonable person in the injured party’s shoes might see the property damage as grounds to fear imminent harm to their person.

The tort of battery, on the other hand, is the intentional touching of another person in a harmful or offensive way without their consent. Although people seem to always say”assault and battery”together, they are separate torts. It’s possible to have one without the other.

Intent in Civil Assault and Battery Claims

The intent required in an assault or battery claim is not the intent to cause injury. Instead, it’s the intent to perform the act that led to the assault or battery.

For example, in order for a civil battery to occur, all a person needs to do is touch the victim without the victim’s consent. This is different from criminal battery, which requires the intent to do harm.

Battery in Special Situations

Many states have recognized battery in special situations. These situations include sports, domestic violence, and medicine.

A medical battery can occur if a doctor performs a non-emergency procedure without obtaining consent first. This would be a medical battery because it would be an unauthorized touching of the plaintiff’s person. To recover their medical expenses, a victim of a medical battery may sue for battery as well as for medical malpractice. This holds true even though the latter is not necessarily an intentional tort.

Hiring a Personal Injury Lawyer

If you or someone close to you has been injured as a result of an assault, battery, or another intentional tort, you may want to consult with a local personal injury attorney to see if you can recover for your injuries. It’s in your best interest to contact an attorney as soon as you can after your injury. This helps to avoid exceeding the time limit in which a personal injury lawsuit can be filed.

A personal injury lawyer can help you establish civil liability against a wrongdoer so that you may recover compensatory damages, including monetary damages, for your injuries. They may even be able to help you recover punitive damages, which are available in cases where a defendant acted egregiously and maliciously.