Physical Assault On A Child In Washington

State:
Multi-State
Control #:
US-000298
Format:
Word; 
Rich Text
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Description

The document provided is a Second Amended Complaint for a case concerning physical assault on a child in Washington, seeking actual and punitive damages for gross negligence and assault. It outlines the parties involved, including the plaintiff, defendants, and their respective legal representatives. The complaint details the actions of the physical therapist that resulted in severe injury to the plaintiff during a therapy session, specifying the negligence and intent behind the actions. It highlights the physical and psychological consequences faced by the plaintiff, including permanent injury and mental distress. The document also notes the involvement of an insurance carrier in the case. This form is useful for attorneys, partners, associates, paralegals, and legal assistants in navigating legal claims involving child assault cases. It provides a structured approach to presenting evidence and claims in court, thereby helping legal professionals represent their clients effectively and ensuring appropriate legal recourse in such sensitive matters.

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FAQ

Assault 3rd Degree (Assault 3) is a Class C felony. RCW 9A. 36.031 It is punishable by up to 5 years in prison and a $10,000 fine. There is a standard or presumptive sentencing range that is dependent upon the criminal history of the accused.

3rd Degree Felony Assault If in the course of the assault the actor intentionally, knowingly, or recklessly impedes the normal breathing of the alleged victim in the case by applying pressure to that person's neck or throat or by blocking that person's nose or mouth, the Assault is then charged as a 3rd-degree Felony.

Washington State assault may be committed in either the first, second, third or fourth degree. Fourth degree assault is a gross-misdemeanor, the others are felonies, with first degree being the most serious. There are defenses to the crime of assault, such as self-defense or defense of others.

A person commits the crime of assault of a child in the third degree if the person is eighteen years of age or older and the child is under the age of thirteen and the person commits the crime of assault in the third degree against the child.

Fourth-degree (or simple) assault is a gross misdemeanor. A convicted defendant faces up to 364 days in jail and a $5,000 fine. However, the law imposes class C felony penalties if the assault involves domestic violence and the defendant has two or more prior domestic-violence convictions.

(2) Assault of a child in the second degree is a class B felony.

(c)(i) Assaults a full or part-time community correction officer while the officer is performing official duties; or. (ii) Assaults any other full or part-time employee who is employed in a community corrections office while the employee is performing official duties; or.

The term “reasonable cause” means that if we observe or learn that a child has been abused or neglected, then we must report the incident to CPS. We must report suspected abuse or neglect even if there is no proof that an incident occurred. The gender or sexual orientation of the parties involved does not matter.

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Physical Assault On A Child In Washington