Los Angeles Assault Attorneys 

Civil Assault vs. Criminal Assault Lawsuits

Understanding the difference between criminal and civil assault lawsuits is critical for victims to exercise their rights and seek justice in California courts. Criminal assault cases are initiated by the state or federal government to penalize the assailant for breaking the law. Convictions can result in jail time, fines, or other criminal penalties. 

On the other hand, civil assault lawsuits are filed by the victim directly against responsible parties to seek compensation for their injuries, such as lost wages, medical bills, and emotional distress caused by the assault. A key distinction is that criminal cases are focused on punishing wrongdoing, while civil assault cases aim to financially restore the victim to their previous state as much as possible. 

Can I Recover Damages without a Criminal Conviction? 

Yes. Even if the defendant isn’t convicted in criminal court, this doesn’t bar plaintiffs from seeking compensation in civil proceedings. Victims can still recover damages in civil court regardless of a criminal conviction. 

Can I File Civil & Criminal Assault Charges Simultaneously? 

In California, victims of assault can pursue both criminal and civil actions simultaneously. Criminal cases are handled by the prosecution, but victims may also file a civil lawsuit to recover damages with the help of a qualified civil assault lawyer. This dual pathway offers assault victims a broader means of obtaining justice and compensation for their pain, trauma, and suffering, allowing them to recover compensation for medical expenses, medication costs, rehabilitative treatment, mental health counseling, lost earnings, and more without waiting on a criminal verdict. 

Types of Assault Cases We Handle

If you were assaulted in Los Angeles, our attorneys can aggressively advocate for the fair compensation you deserve. Since 1995, our firm has represented clients in a wide range of assault claims. Common assault cases we handle include:  

• Assault by police: Sadly, police brutality has remained a prevalent issue for many years, particularly when it comes to minorities and people of color. Our attorneys are well-versed in civil rights violations to hold law enforcement accountable for excessive force and unwarranted violence.
• Assault by celebrity: While Hollywood can be an exciting attraction for tourists and Californians alike, no celebrity is above the law. Whether you’re a photographer, journalist, assistant, or a citizen who was simply in the wrong place at the wrong time, we can fight to hold offending celebrities accountable for violence. 
• Assault by a security guard: While professional security guards are responsible for protecting clients, using excessive force or violence to subdue others is never okay. Whether you were assaulted by security personnel in a restaurant, club, venue, or other location, we can help you seek justice. 
• Assault at a party: While parties are a fun way to relax and socialize, some events go too far, especially when there’s alcohol or drugs involved. If you were harmed by an act of violence at a party or social gathering, our lawyers can fight to recover fair compensation for your injuries. 
• Sexual assault: Sexual assault is more than a violation of the law—it's also a deeply personal violation of an individual's bodily autonomy. If you were sexually assaulted, our firm can provide unrelenting advocacy to hold your abuser accountable for their unforgivable actions.
• Dog bites: If you were the victim of a dog bite or animal attack in LA, our lawyers can help you establish liability, gather evidence of your injuries, and seek fair compensation from the animal’s owner.  
• Domestic violence: If you were harmed in an incident of domestic abuse, our attorneys can fight to hold your abuser accountable by pursuing fair compensation on your behalf.

No matter which type of assault case you have, our attorneys at Carpenter & Zuckerman can provide personalized legal guidance and support throughout the entire process. Our firm can work tirelessly to hold all liable parties accountable by advocating for the fair compensation you deserve.

What Should I Do Immediately After an Assault in California?

If you are a victim of assault in California, the first step is to ensure your safety and seek medical attention for any injuries. It is crucial to report the incident to law enforcement as soon as possible, providing them with all the details and evidence you can. Document everything related to the assault, including photographs of injuries, medical records, witness statements, and any communication with the assailant. This documentation will be vital when filing a personal injury claim. Consulting with a personal injury attorney who specializes in assault cases can also help you understand your legal rights and options.

How Long Do I Have to File an Assault Claim?

Under state law, assault victims have up to 2 years to file a civil claim in cases of assault, battery or injury (CA Code of Civil Procedure §335.1). Securing skilled representation counsel from a trusted lawyer is imperative to ensure your claim is filed promptly, correctly, and within the appropriate deadline. At Carpenter & Zuckerman, our attorneys have extensive knowledge of state law and a proven track record of results to help you navigate the legal intricacies of your claim efficiently and effectively, ensuring all required paperwork is submitted completely and on time. 

What Evidence is Crucial for an Assault Injury Claim in California?

Important evidence for an assault injury claim in California includes medical records documenting your injuries, photographs of injuries and the scene of the assault, witness statements, police reports, and any video footage of the incident. Additionally, any communication between you and the assailant, such as threatening messages or emails, can support your claim. Maintaining detailed records and gathering as much evidence as possible will strengthen your case and help establish liability and the extent of your damages.

What Role Does Self-Defense Play in an assault injury claim?

Self-defense can play a significant role in an assault injury claim, particularly if the assailant claims they acted in self-defense. To prove self-defense, the assailant must demonstrate that they reasonably believed they were in imminent danger and that their response was proportional to the threat. If the evidence shows that the assailant was not acting in self-defense, this defense can be invalidated, strengthening your claim. Understanding the specifics of how self-defense laws apply in California is crucial, and an attorney can help navigate these complexities.

Are There Any Alternatives to Going to Court for an Assault Injury Claim?

Yes, there are alternatives to going to court for an assault injury claim, such as negotiation, mediation, and arbitration. Negotiation involves direct discussions between you and the assailant or their insurance company to reach a settlement. Mediation uses a neutral third-party mediator to facilitate a resolution, while arbitration involves a neutral arbitrator who hears both sides and makes a binding decision. These alternative dispute resolution methods can be less time-consuming and costly than a court trial.