NJ & PA Lawyer for Victims of Assault & Battery
Just like the other areas of law that he practices, Moorestown assault and battery attorney John Mattiacci has handled several assault and battery cases in NJ and PA on behalf of injured victims. John recently represented a client who was physically assaulted by security at a music concert in Philadelphia. The client was thrown the ground by security and had his nose broken. Suit was brought against the security company, whose guard contended that the concert guest fell down steps and was injured. A thorough and aggressive investigation of the case, including locating concert attendees through online forum posts, tracking down videos taken by fans at the concert, and a thorough understanding of the law, helped us to win the case for the client and to hold the security guard responsible for using unreasonable force.
What Is An Assault?
In Pennsylvania an assault occurs where: (1) a person, without privilege, intends to cause harmful or offensive bodily contact or to put another in reasonable and immediate apprehension of harmful or offensive contact; and (2) the action of the person causes such an apprehension.
It is important to note that an assault does not necessarily require actual physical harm. As long as a person intends to cause someone else to fear he or she will be harmed or hit and the victim feels afraid, an assault has occurred. However, words alone may not be sufficient to constitute an assault. The Courts have held that a person that is threatening harm must be in a position or take some action to carry out the threat against the victim. A distinguished assault and battery lawyer, John Mattiacci helps victims gain justice for their case.
What Is A Battery?
A battery is defined as a harmful or offensive contact with another person. This includes straightforward examples such as punching another person in the face. Other types of harmful or offensive contacting, such as spitting on someone, have been considered a battery. The key factor is that contact actually takes place.
A Word from a Client…
I have never been through the legal process before, so when I had an unfortunate incident at a local restaurant, Mr. Mattiacci expertly guided me and made the entire process smooth and easy. I would highly recommend John Mattiacci Jr. to anyone who needs representation. He is not only professional but takes the time to understand the personal side of your case. He and his staff were always pleasant to work with and they remained diligent in all aspects of my case until it was resolved. His confidence was reassuring in a situation which could be daunting to most.Mattiacci Law Client, September 11, 2012
Frequently Asked Questions
I am broke. How can I afford a lawyer?
You don’t have to worry about that with me. I charge no upfront fees, and I will never charge you anything unless you win. My bill won’t come due until your money arrives, and even then, it is calculated as a percentage of the amount you win. I’m concerned about the quality of your claim, not how much money you have.
Do I have to prove my claim 'beyond a reasonable doubt'?
No. “Beyond a reasonable doubt” is the standard for a criminal trial. In a civil lawsuit the standard is much lower – usually it is “preponderance of the evidence”, which means something like “more likely than not.”
Is it possible to win an assault and battery lawsuit if the defendant is not convicted of a crime resulting from the incident?
Yes, it is possible. A criminal proceeding and a civil proceeding are generally considered separate proceedings. The burden of proof is much higher in a criminal prosecution than it is in a civil lawsuit. To win a civil lawsuit you need convince the jury by a “preponderance of the evidence” that you were assaulted. This preponderance standard basically means “more likely than not.”
In a criminal case, the prosecutor must establish that the defendant intentionally caused an assault or battery “beyond a reasonable doubt.” This is a much higher burden and more difficult to prove. That is why the defendant may be found not-guilty in a criminal case, while you can still win a civil lawsuit based on essentially the same incident.
Can I sue a government official for assault and battery?
Generally the answer is yes, subject to certain conditions. If you can fairly characterize your claim as a civil rights claim, you might even be able to maintain a lawsuit in federal court under Section 1983. Section 1983 is particularly useful when you are suing a state official and you are concerned about local favoritism in state courts.
How much might I win in damages?
That is impossible to say without knowing the details of your case. In many cases of assault without physical contact, you can expect damages to be relatively low. If you were seriously injured in a battery, however, you might be entitled to:
- Medical expenses
- Lost earnings
- Pain and suffering
- Perhaps other items of damages
Can I win punitive damages?
Perhaps. In order to be eligible for punitive damages you must:
- be eligible for ordinary compensatory damages,
- prove that the defendant’s conduct was malicious, willful, wanton or some similar degree of seriousness, and
- prove your eligibility for punitive damages by “clear and convincing evidence” (a higher standard of proof than the “preponderance of the evidence” standard that is ordinarily used).
Can I settle out of court?
Yes, you can, and in most cases it’s a good idea. Settling out of court will save you the time and trouble of going to court, and will certainly spare you from having to appear as a witness. The best way to reach a settlement, however, is to prepare fully for a trial.
I was badly beaten in an unprovoked attack by an intoxicated bar patron. The defendant has no money or insurance. Can I sue the bar that served him alcohol?
You might be able to hold the bar liable under the Pennsylvania Dram Shop Law. Although this law is ordinarily used against drunk drivers, it can also be used to hold a bar liable for assault and battery. To win, you must show that the bar served alcohol to the patron after he was already visibly intoxicated.
About John Mattiacci
You could say that John Mattiacci puts his money where his mouth is. It would probably be more accurate, however, to say that he puts money into his clients’ pockets – to the tune of over $50,000,000 in the last five years alone. The world has noticed, especially his peers in the legal profession. He has received the following honors and awards:
- Inducted into the Multimillion Dollar Advocates Forum (one percent of lawyers qualify)
- Named a “Pennsylvania Rising Star” (2.5 percent of Pennsylvania lawyers qualify)
- Named one of the top 100 trial lawyers in the nation
Contact Knowledgeable Moorestown Assault and Battery Lawyer today
If you have been injured or harmed by an assault or battery, contact personal injury lawyer John Mattiacci today for a free consultation. John and the firm will fight back for your assault and battery law suit and will do everything they can to bring any abuser to justice.