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.
Illinois Complaint regarding Assault and Battery
State:
Multi-State
Control #:
US-CMP-10048
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Word;
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How to fill out Complaint Regarding Assault And Battery?
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Statutes of Limitations in Illinois OffenseStatuteArson: no time limit720 Ill. Comp. Stat. 5/3-5(a) (2022)Assault and battery: 18 months or 3 years720 Ill. Comp. Stat. 5/3-5(b) (2022)Burglary: 3 years, 10 years, or no time limit720 Ill. Comp. Stat. 5/3-5(b) (2022); 720 Ill. Comp. Stat. 5/3-6(i-5), (j-5) (2022)10 more rows ?
Assault: Assault is a Class C misdemeanor under Illinois assault and battery law, which can result in jail time for up to 30 days, a fine in an amount up to $1,500, or both. Alternatively, the court may sentence the defendant to perform between 30 and 120 hours of community service.
Battery is an extremely common offense under the Illinois Criminal Code. Unlike assault crimes that involve threats, battery requires physical contact between the alleged perpetrator and the victim. Absent some kind of intentional contact, battery does not occur under Illinois law.
Self-defense is probably the most common defense used in assault and battery cases. In order to establish self-defense, an accused must generally show: a threat of unlawful force or harm against them; a real, honest perceived fear of harm to themselves (there must be a reasonable basis for this perceived fear);
Battery is a criminal offense involving unlawful physical contact, distinct from assault, which is the act of creating apprehension of such contact. Battery is a specific common law offense, although the term is used more generally to refer to any unlawful offensive physical contact with another person.
In most cases, "simple" assault is charged as a Class C misdemeanor, which is punishable by up to 30 days in jail and a fine of up to $1,500. If a person is also charged with battery, they may face additional penalties.
In Illinois, assault can be both a misdemeanor or a felony offense. If you are charged with a misdemeanor assault then you will be facing either a class C misdemeanor or a class A misdemeanor. The highest punishment that you can face is 364 days in the county jail and a maximum fine of up to $2,500.
Assault refers to the wrong act of causing someone to reasonably fear imminent harm. This means that the fear must be something a reasonable person would foresee as threatening to them. Battery refers to the actual wrong act of physically harming someone.