False Arrest Assault
Brooklyn Assault and Battery Injury Attorney
A false arrest potentially violates both federal civil rights law and state common law. Although the basic definition of false arrest is the same under federal and state law, the procedural rules governing false arrest claims under federal and state law are very different and must be complied with strictly or the person’s case will be thrown out of court. If a police officer has detained you, even for a short time, you have been arrested. Even if the officer holds you on the street for a few minutes without probable cause and then releases you, you may have a false arrest lawsuit. False imprisonment is similar to false arrest, but it includes being illegally held or detained against one’s will. In false imprisonment cases, similar elements are applied when a person is illegally imprisoned by an agent of the government. Agents of the government can include police officers, city and town officials, or any other government employee who has the power to detain a citizen. If you’ve been falsely arrested or imprisoned, your civil rights have been violated. And you need to speak with an experienced lawyer as soon as possible.
Assault and battery lawsuits are intentional torts requiring the plaintiff to demonstrate that the defendant acted with the intent to cause him or her harm. To win a claim for assault, you must prove that the defendant intended you to believe that you would be subjected to imminent harmful or offensive contact. To win a claim for battery, you must prove that the defendant intended to make and actually made physical contact with a part of your person or body. Whenever a plaintiff has a case for battery, the plaintiff also has a case for assault, and thus the two intentional torts are often legally linked together as assault and battery. If you or a loved one have been a victim of an assault or battery, you may be entitled to receive substantial monetary compensation for your injuries. Make sure to speak with an experienced Brooklyn assault and battery injury attorney as soon as possible.