Miami Crime and Assault Victim Lawyer

When a crime or assault happens, the immediate focus is often on catching and prosecuting the person responsible. Law enforcement works hard to gather evidence and build a strong case, but this process doesn’t always consider what the survivor is going through. The physical and emotional toll can be overwhelming, leaving survivors to deal with mounting medical bills, missed work, and the long road to recovery—all on their own. It’s a gap in the system that many people don’t realize exists until they face it firsthand. 

That’s why having a crime and assault victim lawyer on your side is so important. While the criminal case focuses on justice, your attorney will fight for you. They’ll make sure you get the compensation and resources you need to heal and put your life back together again. They help hold the responsible party accountable not just in the eyes of the law but in the ways that truly matter for your future. 

At Prosper Shaked Accident Injury Attorneys, PA., our crime and assault victim lawyer has seen firsthand the devastating effects a criminal attack or assault can have on victims and their families. That’s why we work quickly to support you through the legal system, all while advocating for you and your loved ones. 

Criminal vs. Civil Cases: What’s the Difference?

The American legal system divides offenses into two categories: criminal and civil. Each serves a distinct purpose, and victims of assault or battery can pursue justice through one or both.

Criminal Law

When someone commits a crime like assault or battery, the government—represented by prosecutors—initiates the case against them.

Criminal law aims to hold wrongdoers accountable and prevent others from committing similar acts. Convictions can lead to penalties such as fines, probation, or imprisonment. Prosecutors typically depend on evidence and victim testimony, which can be difficult for those still dealing with the emotional and physical effects of the crime.

Civil Law

Civil law, in contrast, focuses on addressing the harm experienced by individuals or organizations. Unlike criminal cases, civil cases are brought by the victims themselves, not the state. The goal is not to punish the defendant but to provide compensation for the injuries or losses caused by their intentional or negligent actions.

For example, while a criminal court might convict someone of battery and sentence them to jail, a civil court can order the same individual to pay damages to the victim for medical bills or emotional distress.

Even if someone isn’t convicted or even charged in criminal court, you can still pursue justice through civil court. Criminal cases require proof “beyond a reasonable doubt,” which is a high standard, but civil cases work differently. In a civil case, the standard is lower—proof by a “preponderance of the evidence.” This means that if it’s more likely than not that the accused caused harm, they can be held accountable. 

A well-known example is the O.J. Simpson case. While Simpson was acquitted of criminal charges in the deaths of Nicole Brown Simpson and Ron Goldman, their families pursued a civil case against him. In 1997, a jury found him liable for their wrongful deaths, awarding significant damages to the families. This shows that even when the criminal justice system falls short, civil court can offer survivors and their loved ones a path to accountability and financial recovery.

What Are Assault and Battery in Civil Law?

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In civil law, assault and battery are two distinct intentional torts, each with specific legal requirements. A tort is a wrongful act that causes harm, giving the injured party grounds to sue for damages.

Defining Assault

Civil assault doesn’t require physical contact. Instead, it’s about creating fear of imminent harm. To succeed in a claim for assault, you and your Miami legal team must show:

1. The defendant intentionally or unlawfully threatened violence, either verbally or physically.
2. The defendant appeared capable of carrying out the threat.
3. You reasonably believed the threat was imminent.

For example, if someone raises their fist and threatens to hit you, causing you to fear immediate harm, that may constitute assault—even if no physical harm occurs. However, words alone aren’t enough; they must be paired with actions that make the threat credible.

Defining Battery

Battery involves intentional, non-consensual physical contact. To prove battery, you must demonstrate:

1. The defendant intentionally touched or struck you.
2. The contact occurred without consent.

Unlike assault, battery doesn’t require you to experience fear or apprehension before the act. For instance, if someone intentionally shoves you without your permission, it may qualify as battery—even if you weren’t aware the shove was coming. Proof of injury isn’t necessary; the mere act of offensive or harmful contact is sufficient.

Civil Damages Available to Victims of Assault and Battery

Victims of assault and battery can seek damages in civil court to help them recover from the harm they’ve experienced. These damages are divided into two main types: compensatory and punitive.

Compensatory damages aim to make victims “whole” again by addressing both financial and non-financial losses. They cover the losses the victim has faced, like medical bills, lost wages, therapy costs, and emotional pain. Punitive damages punish the person responsible for their actions and discourage others from doing the same. 

We can help by building your case and calculating your losses so you can get the compensation you deserve.

Florida’s Statute of Limitations for Civil Assault and Battery

In Florida, victims of assault or battery have four years from the date of the incident to file a civil lawsuit. This deadline is set by Florida Statute § 95.11(3)(o). If you don’t file your case within this time, you usually lose the right to seek compensation. It’s important to act quickly because waiting too long can make it harder to find evidence and get reliable witness statements, which can weaken your case.

How a Miami Assault and Battery Attorney Can Help

Get started with your complimentary case evaluation today; call us at (305) 694-2676 or reach us online using our secure contact form.

Going through the legal system can feel overwhelming, especially for those already dealing with the physical and emotional aftermath of an attack. That’s where an experienced Miami crime and assault victim attorney comes in.

A skilled lawyer can thoroughly investigate your attack, gather important evidence, and find witnesses that will strengthen your case against your attacker. They’ll identify all forms of compensation and all liable parties. This way, you’ll get the money you need and the justice you deserve.

Perhaps most importantly, a good attorney understands the challenges victims face and provides empathetic guidance throughout the process. For example, Prosper Shaked has years of experience both as a prosecutor and as a personal injury attorney, giving him a unique perspective on victims’ needs.

Victim FAQ About Criminal and Assault Crimes

How long does it take to resolve a civil lawsuit?

The time it takes to resolve a civil lawsuit can vary widely. Some cases get resolved in just a few months, especially when there is strong evidence, and the defendant is open to negotiating. However, others can take a year or longer, especially if the case goes to trial. 

The timeline often depends on factors like how complex the case is, the amount of evidence involved, and how busy the court schedule is. Your attorney can give you a better timeline once they assess your specific case.

Can I file a case if I’m partially at fault?

Yes, you can still file a case even if you’re partially at fault. Florida follows a modified comparative negligence system, which means your compensation will be reduced by the percentage of fault assigned to you. For example, if you’re found to be 20% responsible for the incident, your total award would be reduced by 20%. A personal injury lawyer can help argue your case to ensure fault is fairly allocated and maximize your compensation.

What kind of evidence is needed for a civil assault or battery case?

Evidence is crucial for proving your case in civil court. This can include medical records showing your injuries, photos of the injuries or scene, police reports, witness statements, video footage, and any communication (like threatening texts) from the person responsible. When you hire attorney Prosper Shaked, he will help you collect and present this evidence effectively to show how the assault or battery caused your damages.

Can I still file a civil lawsuit if the police didn’t press charges?

Yes, you can file a civil lawsuit even if the police didn’t press charges or the case didn’t result in a criminal conviction. Criminal cases and civil lawsuits are entirely separate processes with different goals and standards of proof. 

Contact Our Miami Crime and Assault Victim Lawyer

After an attack, the police are often focused on holding the perpetrator accountable in the criminal justice system. They’re focused on filing charges – not on the victim and their injuries. Victims are often overlooked during this time, and without the help of an experienced crime victim attorney, they might not get what they need to recover. 

At the Law Offices of Prosper Shaked, we fight for justice for all Florida victims. Whether you’re a victim of a crime or a car crash, we’re the ones you need. Contact us today at (305) 694-2676 for a free and confidential consultation. Let us help you regain peace of mind and take the next step toward healing.