The original title to this blog post last February was “Is This An Assault and Battery?”
With the release of today’s video from INSIDE the elevator, that question has been answered for all of us. It shows exactly what most of us thought happened.
ESPN reports that the Ravens have just cut Ray Rice. I’m wondering if the district attorney had this video and if so, why it took so long to share this video with the public?
Here’a copy of the video released today as shown on TMZ
Here’s my original post from last February. Obviously, we now know more facts because of the video.
[from the February 2014 post]
Surveillance footage from the Revel Casino in Atlantic City appears to suggest that something bad happened in the elevator. After watching the video, the lawyer in me wondered whether he knocked out fiancée Janay Palmer or whether or not she was intoxicated and passed out.
That was until I read a statement from Mr. Rice’s attorney acknowledging a physical altercation did indeed take place. The attorney claims it was a minor incident. To me, it looks like the end result of domestic violence and specifically, an assault and battery.
My thoughts are further supported by the Atlantic City police who confirm that another surveillance video shows Rice and Palmer hit each other. At the end of the day the two were both charged with domestic violence-simple assault and released with a summons.
Here’s the elevator portion of the video…
Our state’s definition of simple assault is an “unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another“. It’s noted that physical contact is not required to be found guilty of an assault.
The penalties for a misdemeanor conviction of simple assault could result in a fine of up to $1,000 and 6 months in jail. California Penal Code Section 240-241.
A criminal battery would also be charged either a misdemeanor or felony. This determination is usually made by the prosecutor or judge. California’s definition of a battery is, “any willful and unlawful use of force or violence upon another person.” Convictions will result in fines up to $2,000 and 6 months in jail. California Penal Code Section 240-241.
There are additional criminal charges and enhancements that could be file. Click here to read more about these enhancements.
Civil Assault and Battery
A civil case is all about money damages to right the wrong and fix the harm. No jail time is involved.
In California, a civil assault is a demonstration of an unlawful intent by one person to inflict immediate injury on the person of another then present. A civil action for assault is based upon an invasion of the right of a person to live without being put in fear of personal harm.
A civil battery is slightly different. It is any intentional, unlawful and harmful contact by one person with the person of another… A harmful contact, intentionally done is the essence of a battery. A contact is ‘unlawful’ if it is unconsented to.
The money damages in a civil assault and battery case includes reasonable “special” damages for all injuries relating to incident. This includes payment of all past and future medical bills, loss of earnings and out-of-pocket expenses.
In addition to the above “special” damages, you are also entitled to past and future general damages for all pain and suffering associated with the injury. Wrongful death damages for surviving heirs are also available for civil assault and battery cases resulting in death. Click the links for more details about California personal injury and wrongful death damages.
So what do you think about the Ray Rice and Janay Palmer incident? Was this a criminal assault and battery? Do you think a man ever has the legal right to hit a woman? Please share your comments below and let’s talk about this case and assault and battery in general.