This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Assault With Physical Injury In Cook
Category:
State:
Multi-State
County:
Cook
Control #:
US-000298
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FAQ
In Texas, assault with the infliction of bodily injury is considered a misdemeanor and can result in up to one year in jail along with fines or probation.
The main types of evidence include testimony from those in the home, photographs, videos and medical records.
The prosecution must prove beyond a reasonable doubt each of these 3 elements: Intent to cause harm or fear. Fear or apprehension of imminent harm. Actual or attempted physical contact.
A person can be charged if there is ``probable cause'' to bring the charges. It does not have to be proof, but just a reasonable belief that the crime may have occured. Quite often a witness statement is believed, and eye-witness testimony is proven to be very unreliable.
Visible injuries, torn clothing, or damaged property can all serve as compelling evidence to support claims of physical assault. Physical evidence can be a reliable and trustworthy foundation in the prosecution's case, offering a clear and accurate account of the events that transpired.
Legal Standards and Proofs This standard is distinctly lower than the criminal requirement of 'beyond a reasonable doubt'. Plaintiffs must meticulously compile and present evidence, including eyewitness testimony, medical reports, and potentially video footage, to substantiate their claims.
Common injuries from an assault include bruises, black eyes, cuts, scratches, and broken bones. In some cases, depending on the laws in place, an attack can still be considered an assault even if it results in no physical injury to the victim. Assault as physical connection.
SERIOUS PHYSICAL INJURY means impairment of a person's physical condition which creates a substantial risk of death, or which causes death, or serious and protracted disfigurement, or protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
The intent is what allows you to consider it an assault claim. Essentially, a civil assault consists of any intentional, violent action that causes you to feel apprehension and physical harm. You do not even need to be fully struck for it to be considered a civil assault.
If you are attacked, YES you can press charges even if coming out on top. It is probably advisable to press charges, particularly if the evidence is on your side, because your assailant may otherwise claim that you were the aggressor and sue you. Can you sue someone for assaulting you?