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.
Maryland Complaint regarding Assault and Battery
State:
Multi-State
Control #:
US-CMP-10048
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint Regarding Assault And Battery?
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FAQ
The term ?assault? is sometimes heard with ?battery.? Battery? means offensively touching someone without their permission. But in Maryland, ?battery? is combined with ?assault,? so that the former term means both touching and placing someone in a state of fear.
Battery does not necessarily have to cause harm, so even something like spitting on someone can constitute battery. So can groping someone. Battery consists of three elements: an act by a person, an intent to cause offensive or harmful contact and the actual contact to the victim.
The prima facie case for battery contains 4 components: The defendant acts. The defendant intends to cause contact with the victim. The defendant's contact with the victim is harmful or offensive. The defendant's contact causes the victim to suffer a contact that is harmful or offensive.
In Maryland, battery is one form of assault. While assaults are typically misdemeanors, they can be promoted to felonies when the assault causes, or attempts to cause, serious bodily injury or includes the use of a firearm. To be treated as assault, your actions must be considered reckless or intentional.
Sections 3-201(b). Assault is broken down in two degrees, with first degree assault being a felony and second degree assault being either a misdemeanor or a felony (depending on whether the perpetrator assaulted a law enforcement officer or not). Sections 3-202(b); 3-203(b).
California Penal Code Section 242 PC states that battery is any act in which one person makes contact with another in a harmful or offensive manner. If this occurs, an individual does not have to cause bodily harm. Rather, an individual only has to make harmful or offensive contact.
To prove that a criminal battery has occurred, the following must be proved: The defendant engaged in a voluntary physical act; The voluntary physical act involved the application of force to another person; The force resulted in contact that was either harmful or offensive to the victim.
But how long do you have to press charges for assault in MD? The law states that if you do not file a claim with the law enforcement officers after one year from the actual date of the incident, the law can no longer prosecute the accused. Contact a lawyer who is well versed in criminal law if you have any questions.