Under what conditions can someone be charged with assault?

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Under what conditions can someone be charged with assault?

A girl at a bar pushed my friend and I, and threw her drink in my face. I puncher her in her face then left. Can I be charged with assault?

Asked on December 10, 2011 under Criminal Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can be charged with assault and battery.  Assault is intentionally placing one in reasonable apprehension of an immediate battery.  Assault does not require any physical contact; only reasonable apprehension of an immediate battery.  Battery is the actual physical contact.  Battery is the harmful or offensive touching of the person of another without consent or privilege.

Assault and battery are both criminal and civil.  The criminal case is separate from the civil case.  The civil case is the lawsuit.  In the civil case, you could be liable for the medical bills, pain and suffering and wage loss.  Compensation for medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.


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