Missouri 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

While battery charges do not apply in Missouri, assault charges can range depending on the degree of harm, the nature of the assault, and whether the victim was categorized under a special victim's definition.

ANY crime that is classified as a Class A Felony in Missouri does not have a statute of limitations. If you commit one of these crimes, you can be charged at any time, no matter how much time has passed since the crime was actually committed.

There are numerous claims under which civil actions may be brought. They include wrongful death, assault and battery, intentional or negligent infliction of emotional distress, and negligence.

A Missouri lawsuit starts by filing a petition. A petition states the facts of a dispute, which are typically briefly described in chronological order in numbered paragraphs. The petition must state enough facts to show that the plaintiff has a viable cause of action against the defendant.

After the police establish a domestic violence charge, the prosecutor decides whether to press charges, even if the victim requests to drop the charges later. Many counties and jurisdictions in Missouri have a ?no-drop? policy. This means that the prosecutors won't drop the case even at the victim's request.

In Missouri, there are four degrees of assault. Fourth-degree assault can be a class C misdemeanor or a class A misdemeanor. Third-degree assault can be a class E felony or a class D felony. Second degree assault can be a class D felony or a class B felony.

Here in Missouri, officers can use their own discretion in domestic violence situations. If no arrest is made ? A detailed report must be written following the incident. If there is more than one call in a 12-hour period ? The police MUST arrest the alleged abuser, regardless of circumstance.

Claims for personal injury or damage to your property and claims for money damages for breach of contract must be filed within five years. Claims to recover money for breach of a written promise to pay must be filed within ten years from the date of the breach of the written promise.

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Missouri Complaint regarding Assault and Battery