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 Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-000298
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Word;
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FAQ
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.
Apart from eyewitness testimonies, physical evidence, medical records, and digital communications can also be used. However, witness testimonies often become the deciding factor in these cases.
“Possess” means to have physical possession or otherwise to exercise dominion or control over tangible property. 9. “Physical injury” means impairment of physical condition or substantial pain.
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?
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.
With exceptions, every crime has at least three elements: a criminal act, also called actus reus; a criminal intent, also called mens rea; and concurrence of the two. The term conduct is often used to reflect the criminal act and intent elements.
Apart from eyewitness testimonies, physical evidence, medical records, and digital communications can also be used. However, witness testimonies often become the deciding factor in these cases.
The prima facie case for assault has three components: The defendant acts. The defendant intends to cause the victim to apprehend imminent harmful or offensive contact by the defendant. The defendant's act causes the victim to reasonably apprehend such a contact.