New Jersey 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

What is the statute of limitations for assault in NJ? The statute of limitations (how long after the alleged crime took place that prosecutors have to file charges) for assault is 1 year for a disorderly persons offense and 5 years for an indictable offense. Is it assault if both parties consent to fight?

Unwanted physical contact like slapping, pushing, shoving, tripping, and hitting can constitute assault, as well as throwing items at someone or causing an object to fall on or hit them.

You can receive compensation for your damages by filing a personal injury lawsuit against those who are responsible. In order to approach this legal process in the most confident, efficient manner, you will need to get in touch with a personal injury attorney.

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.

A conviction on assault charges in New Jersey typically requires the prosecutor to present a combination of evidence that supports the elements of the offense, which include the defendant's intent, recklessness, bodily harm, or fear of bodily harm.

2C:12-1(b), to intentionally or recklessly cause bodily harm to another with or without a deadly weapon is considered battery and aggravated assault. If convicted, depending on the seriousness of the circumstances, a person can face up to 10 years in prison and a fine of up to $150,000 (i.e. a second-degree crime).

Because of the serious nature of second-degree aggravated assault, the law allows for harsh penalties upon conviction. Someone convicted of second-degree assault could face: Between five and 10 years in prison. Fines up to $150,000.

Dropping simple assault charges is possible but it is not easy. These question usually comes from a victim who does not want to go forward with a prosecution. Examples include situations where a couple argue, things get heated and one partner slaps the other.

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New Jersey Complaint regarding Assault and Battery