Arkansas Complaint regarding Assault and Battery

State:
Multi-State
Control #:
US-CMP-10048
Format:
Word; 
Rich Text
Instant download

Description

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.
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FAQ

Section 5-13-204 - Aggravated assault (a) A person commits aggravated assault if, under circumstances manifesting extreme indifference to the value of human life, he or she purposely: (1) Engages in conduct that creates a substantial danger of death or serious physical injury to another person; (2) Displays a firearm ...

These charges are also seen when a person injures a law enforcement officer or paramedic who is acting within the scope of his or her duties. Second Degree Battery is a Class D Felony, which is punishable by a sentence of between 0 and 6 years.

Prosecutors can charge second-degree battery as a Class C or D felony, depending on the circumstances of the offense. An offender guilty of this crime faces up to 10 years in prison for a Class C felony and 6 years in prison for a Class D felony, as well as a $10,000 fine.

Section 5-13-203 - Battery in the third degree (a) A person commits battery in the third degree if: (1) With the purpose of causing physical injury to another person, the person causes physical injury to any person; (2) The person recklessly causes physical injury to another person; (3) The person negligently causes ...

(a) A person commits first degree assault on a family or household member if the person recklessly engages in conduct that creates a substantial risk of death or serious physical injury to a family or household member. (b) First degree assault on a family or household member is a Class A misdemeanor.

Section 5-13-203 - Battery in the third degree (a) A person commits battery in the third degree if: (1) With the purpose of causing physical injury to another person, the person causes physical injury to any person; (2) The person recklessly causes physical injury to another person; (3) The person negligently causes ...

Section 5-13-207 - Assault in the third degree (a) A person commits assault in the third degree if he or she purposely creates apprehension of imminent physical injury in another person. (b) Assault in the third degree is a Class C misdemeanor.

Arkansas Battery Laws The primary difference between the two charges is that battery includes offensive or unlawful physical contact, while assault may not. Battery charges can result from most forms of contact that cause injury. Battery is divided into three degrees (first, second, and third).

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Arkansas Complaint regarding Assault and Battery