False Arrest Assault

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

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.

Please contact our personal injury lawyers in Brooklyn to assist you in your claim. 

Evidence in False Arrest and Assault Claims

Evidence can help establish what happened surrounding an arrest or assault. Useful materials may include photographs, medical records, witness statements, surveillance footage, body camera recordings, text messages, police paperwork, and documents showing the disposition of criminal charges. A person should preserve original digital files and write down the sequence of events.

Prompt medical attention may also document physical injuries. Records concerning missed work, counseling, medication, and other related expenses may help demonstrate how the conduct affected the injured person.

Compensation That May Be Available

The damages available depend on the legal claims, the responsible parties, and the harm sustained. A successful civil claim may seek compensation for medical expenses, lost income, physical pain, emotional distress, loss of liberty, and other documented losses. Punitive damages may be considered in certain cases involving particularly wrongful conduct, although they are not available in every matter.

A claim arising from an arrest may also involve reputational harm or expenses connected with addressing the detention. Each category of damages must be supported by the facts and applicable law.

Deadlines for Filing a Claim

False arrest, false imprisonment, assault, and battery claims can be subject to short filing periods. Under New York law, certain state claims may have a one-year limitation period. When a claim is brought against New York City or another public entity, a notice of claim may be required within 90 days.

Federal civil rights claims follow different procedural rules and deadlines. Because the correct period depends on the legal theory and defendant, waiting to review the incident can place an otherwise valid claim at risk.

How an Attorney Can Assist

A personal injury attorney can investigate the circumstances, identify potential defendants, preserve records, and determine which state or federal claims may apply. Representation may also include preparing required notices, assessing damages, communicating with government agencies or insurers, and filing a lawsuit within the applicable deadline.

Frequently Asked Questions

Is Every Arrest Without a Conviction a False Arrest?

No. An arrest is not automatically unlawful because charges were dismissed or the person was acquitted. Whether an arrest was legally justified often depends on whether the officer had probable cause when the detention occurred.

Can I Bring a Claim If I Was Detained Briefly?

Possibly. A detention does not have to last for hours or days to raise legal concerns. The circumstances, duration, location, use of force, and asserted justification must be examined together.

What Should I Do After an Assault?

Obtain necessary medical care, report the incident when appropriate, photograph visible injuries, identify witnesses, and preserve related communications or recordings. Avoid posting detailed statements about the dispute online because those statements may later be reviewed.

Can a Claim Involve Both False Arrest and Assault?

Yes. A single incident may support multiple claims when an unlawful detention also involves unnecessary force or harmful physical contact. However, each claim has separate legal requirements that must be proven with evidence.

Discuss a False Arrest or Assault Claim With Our Firm

Important evidence can be lost, and some claims require notice within a short period. Having the incident reviewed early can help clarify who may be held responsible, which deadlines apply, and what records should be preserved.

If you were unlawfully detained or physically harmed in Brooklyn, Manhattan, or elsewhere in New York City, schedule a consultation with us. The Levitsky Law Firm can evaluate the circumstances and explain your legal options.