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Assault vs. Battery: Understanding the Difference
Robert Stahle • April 1, 2022
Assault and battery are two of the most common crimes committed whenever people get into altercations with one another. However, as synonymous as they might seem, they are very different from one another in the eyes of the law.
What’s Their Difference?
Now, two main categories divide offenses. The first one would be crimes against a person, which can be categorized into kidnapping, sex offense,homicide, and bodily harm. In comparison, crimes against property include burglary,arson, theft, and disorderly conduct. For assault and battery, they fall under the category of “bodily harm”.An assault is when a person is put in a vulnerable situation – wherein they would be inflicted with physical harm. In basic terms, an assault is the threat of violence towards another person.
Battery, on the other hand, is the willful use of force or violence towards someone else. It’s important to note that battery charges require physical contact or violence while assault does not. The threat of violence is enough to constitute an assault charge.
What’s the Difference Between Simple and Aggravated?
There are two different types of charges that you can file: simple and aggravated. The difference between these charges comes down to the gravity of the situation. Simple battery and simple assaults are also known as misdemeanor cases. It’s the act of immediate physical harm or a physical altercation resulting in minimal injuries like cuts, bruises, and scrapes.
Aggravated cases, on the other hand, have heavier penalties and are called felony charges. These crimes result in serious bodily harm like broken limbs, concussions, and spinal injuries. These can include striking a person with a weapon, shooting a person with a gun, and many more .
Who Can You Call?
If you were assaulted or battered, one of the most important things that you can do is to call a trusted criminal defense lawyer. They can help and guide you through the process of getting the justice you deserve.If you are looking for a great attorney in NE, call Fitch & Stahle Law Office. Our lawyers are here to help and guide you through every law problem that you have. Call us today!
Being injured by a drunk driver is one of the most devastating experiences a person can endure. What makes these accidents so tragic is that they are entirely preventable. When someone chooses to drive under the influence of alcohol or drugs, they put everyone else on the road at risk. The consequences for victims can include serious injuries, emotional trauma, and overwhelming financial burdens. If you or a loved one has been hurt in a crash caused by an impaired driver, you deserve justice—and you deserve full compensation for your losses. At Fitch & Stahle Law Firm, our experienced Sioux City drunk driving lawyers are committed to helping victims pursue fair settlements and hold negligent drivers accountable. In this guide, we’ll explain how DUI injury lawsuits work in Iowa and Nebraska, what compensation you may be entitled to, and why hiring a personal injury attorney is essential. What Makes Drunk Driving Accidents Different? Unlike other types of car accidents, drunk driving crashes often involve clear evidence of negligence. Driving with a blood alcohol concentration (BAC) over the legal limit is illegal in both Iowa and Nebraska. When an impaired driver causes a collision, their violation of the law can strengthen your civil case for damages. However, drunk driving accident claims are not always simple. Insurance companies may still try to limit their liability by disputing your injuries, suggesting you were partially at fault, or offering a settlement that doesn’t cover the full extent of your losses. That’s why it’s critical to work with a knowledgeable DUI injury lawyer who understands how to build a strong case and negotiate effectively on your behalf. Your Rights as a Victim of a Drunk Driver If you’ve been injured by a drunk driver in Iowa or Nebraska, you have the right to file a civil lawsuit seeking compensation. While the state may pursue a criminal DUI case against the driver, that case is focused on punishing the offender—not compensating the victim. A drunk driving lawsuit is your opportunity to recover the financial support you need to cover medical expenses, lost wages, pain and suffering, and more. Types of Compensation Available in DUI Injury Lawsuits Victims of drunk driving crashes can seek a variety of damages in a personal injury lawsuit: · Medical expenses: This includes emergency treatment, hospitalization, surgeries, physical therapy, medications, and any future medical care you may require. · Lost income: If your injuries prevent you from working, you may be entitled to recover lost wages, as well as compensation for reduced earning capacity in the future. · Pain and suffering: Drunk driving accidents often cause significant physical pain and emotional distress, for which you can seek compensation. · Property damage: You can recover the cost of repairing or replacing your vehicle and other damaged property. · Punitive damages: In cases of extreme negligence, such as drunk driving, courts may award punitive damages to punish the offender and deter similar conduct by others. Our team at Fitch & Stahle Law Firm carefully evaluates each client’s case to ensure all potential damages are included in the claim. Can Bars or Restaurants Be Held Liable? In some cases, the drunk driver isn’t the only party responsible for the accident. Under dram shop laws in Iowa and Nebraska, a business that serves alcohol to a visibly intoxicated person or a minor may be held liable if that individual causes an accident. This additional source of compensation can be vital in cases where the drunk driver lacks sufficient insurance coverage. Our attorneys investigate every angle of your case to identify all possible sources of recovery, including dram shop liability and uninsured/underinsured motorist coverage. The Role of a Personal Injury Attorney in Drunk Driving Lawsuits Hiring a skilled Sioux City personal injury attorney is one of the most important steps you can take after a drunk driving crash. Your lawyer will: · Investigate the accident thoroughly, gathering police reports, BAC test results, medical records, witness statements, and other evidence to prove liability. · Work with medical professionals to document the full extent of your injuries and estimate future treatment costs. · Calculate all damages to ensure no loss is overlooked. · Negotiate aggressively with insurance companies to pursue a fair settlement. · Prepare your case for trial if necessary to achieve the best possible outcome. At Fitch & Stahle, we have extensive experience handling DUI injury cases, and we are committed to protecting your rights at every stage of the legal process. Why Act Quickly After a Drunk Driving Accident? Time is critical after a DUI-related crash. Both Iowa and Nebraska have statutes of limitations that restrict how long you have to file a personal injury lawsuit. If you miss these deadlines, you could lose your right to compensation. Additionally, evidence can disappear quickly. Surveillance footage may be erased, witnesses’ memories may fade, and physical evidence at the scene may be lost. The sooner you contact a lawyer, the better your chances of building a strong case. Schedule a Free Consultation with Fitch & Stahle Law Firm If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t try to navigate the legal process alone. Let the experienced team at Fitch & Stahle Law Firm help you pursue justice and recover the compensation you deserve. Our Sioux City drunk driving lawyers are here to guide you through every step—from filing your claim to negotiating with insurers to representing you in court if needed. Call us today for a free consultation. We proudly serve clients in Sioux City, throughout Iowa, and across Nebraska.