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.
Negligent Assault Complaint With A Deadly Weapon In Santa Clara
Category:
State:
Multi-State
County:
Santa Clara
Control #:
US-000298
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Word;
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FAQ
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.
California Penal Code 801 PC says that apart from crimes that fall into other statutes, the SOL for felonies is three years, such as the following crimes: Penal Code 245 PC – assault with a deadly weapon, Penal Code 459 PC – burglary.
But assault with a deadly weapon is not a civil complaint - it is a criminal complaint. You can file a criminal complaint with local law enforcement. The investigation and the decision whether to file charges are handled by law enforcement and governmen...
For cases involving physical assault outside of medical malpractice, there is no set maximum limit on compensation. The court will consider the specific circumstances of each case when determining an appropriate amount of compensation based on the evidence presented.
Ing to the California Penal Code, a deadly weapon is a firearm or any other instrument used with a force that is likely to produce great bodily injury (PC 245(a)(1)).
Assault with a deadly weapon under California Penal Code 245(a)(1) can be charged as either a misdemeanor or a felony offense. If charged as a felony, you could face a sentence of two to four years in State prison.
Yes, u can sue for assault and battery in civil court. it might be best to wait til the criminal case is over as you may be able to use any resolution of the case against him there. you'll need to document all your damages. just about any lawyer willing to take the case can.
You can contact the Santa Clara County Investigations Division District Office at (408) 942-2952 or file a complaint using their website.
