This complaint states that plaintiff suffered physical injuries when defendant, in a grossly reckless manner, shot plaintiff. Plaintiff intends to show that defendant committed an aggravated assault and battery on him/her and this was a breach of duty owed to the plaintiff by defendant.
Assault Charges Examples
State:
Multi-State
Control #:
US-CMP-10048
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Assault And Battery?
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FAQ
In addition to a physical act, the defendant must intend to put the plaintiff in apprehension of an immediate and offensive or harmful touching and have the present ability, actual or apparent, to inflict such a touching to be subject to liability for an assault.
A few of the most common types of assault experienced are verbal, simple, aggravated, and sexual. This is one of the most common types of assault experienced by adults in the United States. Verbal assault occurs when you are threatened verbally. Physical assault may or may not occur at the same time.
Some examples of assault include: Attempting to spit on the victim. Miming the act of hitting, punching, or kicking the victim. Brandishing a deadly or non-deadly weapon in a manner that suggests the victim will be hit with that object or hurt by it.
However, to be convicted of felony assault or battery, the prosecutor must be able to prove beyond a reasonable doubt that the accused intended to use force and knew that it would directly and probably result in great bodily injury to the victim.
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.