Georgia 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

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?. In addition, physical contact to the ?person of another? (includes items that a person is holding) could potentially result in a criminal charge.

Victims of assault in Georgia typically must sue within two years of the incident. However, there are variables in Georgia's statutes of limitations regarding civil suits that may extend this timeline based on the circumstances of your case.

Section 16-5-20 - Simple assault (a) A person commits the offense of simple assault when he or she either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.

Georgia Law on Battery O.C.G.A. §16-5-23.1: A person commits the offense of battery when he or she intentionally causes substantial harm or visible bodily harm to another.

Article 2 - Assault and Battery. § 16-5-23.1. Battery. A person commits the offense of battery when he or she intentionally causes substantial physical harm or visible bodily harm to another.

A conviction for assault in Georgia will be treated as a misdemeanor. The penalty can include a period of confinement of up to one year and up to $1,000 in fines. However, there are certain situations in which the conviction will be escalated to a misdemeanor of a high or aggravated nature.

Simple battery is defined under Georgia law as intentionally causing harm to another person or touching them in an insulting or provoking nature. If you are convicted of simple battery you face the standard misdemeanor sentence of up to $1,000 in fines and up to one year in prison.

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Georgia Complaint regarding Assault and Battery