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

Arrest For Assault In Orange

Category:

Civil Actions - False Imprisonment

State:

Multi-State

County:

Orange

Control #:

US-000280

Format:

Instant download

Description

The document outlines a legal complaint regarding an arrest for assault in Orange, initiated by a plaintiff against a defendant. It details the plaintiff's claims of wrongful arrest, malicious prosecution, and emotional distress stemming from false charges filed by the defendant. Key features of the form include sections for personal information of the parties involved, factual statements of the case, and requests for compensatory and punitive damages. Filling out the form requires inserting relevant details such as names, dates, and specific claims. Legal professionals such as attorneys, paralegals, and legal assistants will find this form useful for representing clients in cases of wrongful arrest and malicious prosecution. This document is particularly relevant for situations where an individual's reputation and emotional well-being have been compromised due to false accusations. It serves as a structured framework to seek justice and financial compensation for the damages incurred. Thus, the form is essential for legal practitioners seeking to advocate effectively for their clients in similar disputes.

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FAQ

Felony Hearing (Preliminary Hearing) At the felony hearing, the prosecutor must establish reasonable cause that a crime occurred and present testimony that the defendant committed the crime. The victim and/or witness must be present to testify during this proceeding.

California Resisting Arrest Sentence If you are charged with resisting arrest as a misdemeanor, the sentence is up to 1 year in the county jail, and/or a fine of $1000. If you are convicted of felony resisting arrest, you may spend up to 3 years in the state prison.

Misdemeanor resisting arrest or passive resistance is a Class 1 Misdemeanor.

1st Degree Aggravated Assault This is also considered an Aggravated Assault, but with additional elements, such as using a deadly weapon and causing serious bodily injury to a family member, against a public servant, or discharging a firearm from a motor vehicle that causes serious bodily injury to another.

California Penal Code 240 PC defines the crime of assault as the unlawful attempt, along with a present ability, to commit a violent injury on someone, which is commonly known as “simple assault.”

The most serious form of assault is assault with a weapon. Depending on the nature of the weapon used and your relationship with the victim, you could face charges ranging from aggravated battery to attempted murder.

Assault in the second degree; class D felony.

Understanding First Degree Assault Charges First degree assault constitutes the most severe or violent form of assault. A person assaults another individual when they intentionally cause that individual to fear imminent harm, injury, or other offensive contact.