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.
North Carolina 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
Assault and battery is a criminal matter that can spill over into civil court when a plaintiff is seeking compensation for the damages. The plaintiff will need to prove that they suffered directly because of the events that transpired and that the defendant should have to compensate them in some way because of that.
In North Carolina, assault and battery charges may be considered misdemeanors or felonies. For less serious misdemeanors, such as simple assault or battery, a first-time offender can expect a sentence of up to 30 days in jail, fines up to $1,000 and community service or victim restitution.
Defining Battery in N.C. A battery generally involves unlawful contact with another, whether that contact is merely offensive or physically injures the victim. Examples can be anything from intentionally shoving a person to shooting them with a gun.
Simple assault is a Class 2 misdemeanor. If you have no prior convictions, the sentence could involve probation or up to 30 days in jail. If you have been convicted of this offense in the past, the judge could sentence you to 60 days in jail, and you may be required to pay a fine of up to $1,000.
How to Beat a Simple Assault Charge in NC Self-Defense. Self-defense is a solid strategy if you want to know how to beat a simple assault charge in NC. ... Alibi. If you want to show proof that you did not commit the simple assault, you must provide a solid alibi. ... Consent. The consent applies to sexual assault crimes only.
In the state of North Carolina, the statute of limitations for filing assault and battery charges is 2 years.
§ 14-33. Misdemeanor assaults, batteries, and affrays, simple and aggravated; punishments. (a) Any person who commits a simple assault or a simple assault and battery or participates in a simple affray is guilty of a Class 2 misdemeanor.
However, battery only occurs when there is physical contact with another, even if it is not violent. Additionally, battery is considered to have happened when there is harmful, offensive, and non-consensual touching. On the other hand, assault is the attempt or threat of violence or force on another person.