Texas 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

The law defines assault and battery as an unwanted touching that is done in a rude or angry manner. It can be as simple as shoving someone, blocking their way, spitting on them, grabbing someone's arm, throwing something (liquid or otherwise) at them, or even grabbing something out of their hand.

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);

The prima facie case for assault has three components: The defendant acts. The defendant intends to cause the victim to apprehend imminent harmful or offensive contact by the defendant. The defendant's act causes the victim to reasonably apprehend such a contact.

The punishment for an assault charge in Texas depends on the severity of the offense and whether it is charged as a misdemeanor or felony. A simple assault charge can result in up to one year in jail and/or a fine of up to $4,000. Aggravated assault can result in up to 20 years in prison and/or a fine of up to $10,000.

An assault has occurred under Texas law when: Someone intentionally or recklessly causes physical harm or injury. Someone intentionally threatens imminent physical harm. Someone intentionally uses offensive or provocative physical contact against another person.

You might have heard about the arrest of a man who threw two cans of White Claw at an unsuspecting politician during a parade in Texas. This incident left many wondering, ?Is throwing a drink someone assault?? The answer is yes.

Penalties for Assault and Battery in Texas Class C misdemeanor: Fines up to $500. Class B misdemeanor: Jail term of up to 180 days and fines up to $2,000. Class A misdemeanor: Up to one year in jail and $4,000 in fines. Third-degree felony: Up to 10 years in prison and fines up to $10,000.

When it comes to assault in Texas, the legal remedy to the situation may not simply be a criminal one, but a civil one as well ? because you can bring a personal injury lawsuit to the table. If you've been assaulted, then it's important to understand effective ways you can get the compensation you deserve.

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Texas Complaint regarding Assault and Battery