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Complaint For False Arrest and Imprisonment - 4th and 14th Amendment...

Arrest For Battery In Dallas

Q: What is the sentence for battery in Texas?

Class B Misdemeanor Up to 180 days in jail and a fine of up to $2,000. Class A Misdemeanor Up to one year in jail and fine of up to $4,000. Third Degree Felony Up to 10 years in prison and fine of up to $10,000. Second Degree Felony 2 to 20 years in prison and fine of up to $10,000.

Category:

Civil Actions - False Imprisonment

State:

Multi-State

County:

Dallas

Control #:

US-000280

Format:

Instant download

Description

The document outlines a legal complaint for an arrest due to battery in Dallas. It establishes the plaintiff's residency and details the defendant's charges leading to the plaintiff's wrongful arrest. It highlights that the plaintiff experienced significant emotional and financial distress due to malicious actions by the defendant. The complaint includes requests for compensatory and punitive damages, emphasizing the need for accountability in cases of false arrest and malicious prosecution. The form is designed for attorneys and legal professionals who require a structured format to present similar cases, making it suitable for partners, owners, associates, paralegals, and legal assistants. Users should fill in specific names, dates, and amounts in designated areas, ensuring clarity and compliance with local court requirements. The form also offers a framework for documenting emotional distress and associated legal costs, thereby supporting claims for damages effectively.

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FAQ

Assault, California Penal Code (PC) 240, involves causing fear or apprehension of imminent violence (whether attempted or threatened) and is typically a misdemeanor. Battery, California Penal Code 242, involves using force or violence and is typically much more serious.

Class B Misdemeanor — Up to 180 days in jail and a fine of up to $2,000. Class A Misdemeanor — Up to one year in jail and fine of up to $4,000. Third Degree Felony — Up to 10 years in prison and fine of up to $10,000. Second Degree Felony — 2 to 20 years in prison and fine of up to $10,000.

Class C misdemeanor: Fine of up to $500. Class B misdemeanor: Up to 180 days in jail, fine of up to $2,000. Class A misdemeanor: Up to 1 year in jail, fine of up to $4,000. Second degree felony: 2 to 20 years in prison, fine of up to $10,000.

Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically harming someone.

Class A misdemeanor: Causing bodily injury to someone, or making physical contact provocatively or offensively against an elderly person, is a Class A misdemeanor if there are no other aggravating factors.

Causing Offensive Contact The third type of assault under Texas law includes causing physical contact with another person while intending or knowing that the contact might be provocative or offensive.