Unless I miss my guess, I bet your instructor has a particular case in mind when they formulated the assignment. ;)Ask a similar question
I can't speak specifically to AK law (as I'm admitted only in CA), but generally speaking both assault and battery are not only crimes but also torts and actionable in civil courts. If you were "apprehensive" as you say, there is likely some emotional distress that goes with that, and if you were injured as a result of being struck by the pistol, then you could sue for any damages including medical costs, loss of earnings (if applicable) and general damages (the "pain and suffering"). However, if you did not incur medical costs, your case may not have a significant value. Further, you would have to look to just how "collectable" any judgement would be. If the assailant had some type of insurance that covered negligence (most policies don't cover intentional acts, so if you only plead the intentional battery as opposed to some form of negligent battery, the actions may not be covered), you may be able to get an insurance settlement.
Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.Ask a similar question
Generally speaking, you can pursue both torts in civil court. The elements of damages will be different for each tort. However, you will not get very far without being able to prove damages. I would suggest that you retain an experienced attorney in your area to advise you. Good luck to you.
The information provided by me should not be considered legal advice and does not establish an attorney-client relationship. I am licensed to practice law in Florida and you should consult with an attorney in your area for legal advice. The information exchanged on avvo.com is not privileged and you should not share confidential information over this forum.Ask a similar question
Yes. Assault is different from a battery. Based on your description, you have the elements to prove both.You could plead them conjunctively or alternatively.
If this information has been helpful, please indicate below.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.Ask a similar question
Negligence and personal injury Pain and suffering Emotional distress caused by personal injury Premises liability for personal injuries Personal injury Personal injury settlement Assault and personal injury Battery and personal injury Property liability Criminal charges for assault and battery
Sign up to receive a 3-part series of useful information and advice about personal injury law.