If someone is convicted of assult, battery and robbery and did time for it, when they get out of jail can they also be sued in civil court for damages?
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If someone is convicted of assult, battery and robbery and did time for it, when they get out of jail can they also be sued in civil court for damages?
Asked on May 16, 2012 under Bankruptcy Law, Georgia
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The person could be sued for assault and battery because assault and battery are both civil and criminal. Robbery is criminal.
Assault is intentionally placing one in reasonable apprehension of an immediate battery. No physical contact is required for assault; only the reasonable apprehension of an immediate battery. Battery is the physical contact.
Battery is the harmful or offensive touching of the person of another without consent or privilege.
The victim could sue for compensation for the medical bills, compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss can also be recovered. The victim could seek punitive damages ( a substantial amount of monetary compensation to punish the perpetrator's wrongful acts).
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