State Statute Law For Assault

State:
Multi-State
Control #:
US-GDE-18
Format:
Word; 
Rich Text
Instant download

Description

The document provides an overview of stalking under state statute law and outlines the distinctions between civil and criminal offenses related to stalking. Stalking is defined as a pattern of behavior that induces fear in a reasonable person and is recognized as a crime across all states, with varying classifications. While many states categorize stalking as a felony after a second offense, the complexities in proving stalking cases may lead victims to pursue civil actions instead, where the standard of proof is lower. The document explains that civil stalking claims can result in victims recovering damages for monetary losses and emphasizes the role of protective orders, which can help victims shield themselves from further harm. Best practices for applying for protective orders are also outlined, including the specific requirements and processes that may vary by jurisdiction. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this information particularly useful for advising clients who are victims of stalking, guiding them through civil legal actions, and navigating the protective order process effectively.
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FAQ

California Penal Code § 240 PC defines an assault as the unlawful attempt, along with the present ability, to cause a violent injury to another person. Simple assault is a misdemeanor punishable by up to 6 months in jail and fines of up to $1000.00.

Assault. (1) An ?assault? is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

PC 242 Defined ing to California Penal Code 242, anyone who willfully touches someone with force, even if it does not injure the victim, is considered to have committed ?Battery?.

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.

The assault provision of 18 U.S.C. § 351(e) divides assault into two categories: those that result in personal injury, which are punishable by 10 years of imprisonment and a fine; and all others, which are punishable by one year of imprisonment and a fine.

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State Statute Law For Assault