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.
California Complaint regarding Assault and Battery
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
Assault is a misdemeanor offense in California. If you are convicted of assault, you could be sentenced to up to six months in county jail and a fine of $1000 per offense. If you face multiple assault charges, therefore, you could face additional fines and jail time.
Who can sue for assault or battery in California? If you have been the victim of an unprovoked threat or use of force, you can sue for damages. An exception is if the contact was consensual.
You can bring an assault and battery claim for personal injury damages even if the person who assaulted you is not charged or convicted of a crime in relation to the incident, and your personal injury lawsuit can succeed even if the wrongdoer is found innocent following a criminal trial.
In California, a defendant will be found liable for assault if 1) the defendant either intended to make harmful or offensive contact with the plaintiff (or a third-party as per transferred intent, above) or intended for the plaintiff to believe that they would be subject to harmful or offensive contact; and 2) the ...
California Penal Code [CPC] §242 ? Simple Battery ? California Penal Code Section 242 makes it illegal to use willful and unlawful force on another person. Conviction under CPC §242 permits up to six months in a county jail and/or a fine of up to $2,000.
Assault, California Penal Code (PC) 240, involves causing fear or apprehension of imminent violence (whether attempted or threatened) and is typically a misdemeanor. Battery, California Penal Code 242, involves using force or violence and is typically much more serious.
A person commits the crime of battery when he causes substantial physical harm or visible bodily harm to someone else. For purposes of this criminal act, someone other than the victim must be able to perceive the injury. Some examples of substantial or visible harm include: Swollen lips or other facial areas.
California's criminal statute defines battery as a willful and unlawful use of force or violence against another person. It is punishable by an imprisonment of up to six months, a fine of up to $2,000, or both. However, California law also provides that the victim of battery can also sue the batterer civilly.