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.
Arizona Complaint regarding Assault and Battery
State:
Multi-State
Control #:
US-CMP-10048
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Complaint Regarding Assault And Battery?
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FAQ
Battery is a general intent, rather than a specific intent, offense. This means the actor doesn't need to intend the specific harm resulting from unwanted contact. It's enough that the actor only intends to commit an act of unwanted contact.
The legal term for a harmful or offensive touching without permission is battery. Battery is a criminal offense, and it can also be the basis of a civil lawsuit. The key element of battery is that the touching be unauthorized, not that it be intended to harm the person.
Misdemeanors: Generally the state has one year to bring misdemeanor charges against a person in Arizona. Felonies: Arizona prosecutors have seven years to file felony criminal charges against a person.
There are four things that a prosecutor must be able to prove in order for a person to be convicted of battery: intent, contact, harm and damages.
A. Any [An] assault is an unlawful attempt coupled with a present ability to commit a violent injury upon the person of another. b. A battery is any willful and unlawful force of violence upon the person of another.
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.
In other words, one can assault a person without committing a battery. Likewise, a person can commit a battery without assaulting that person. For example, if Bob stabs you from behind without you witnessing the attack, then Bob is committing a battery without an assault.
In lieu of filing the direct complaint, the prosecutor can formally charge by presenting evidence to a Grand Jury. The Grand Jury is comprised of nine citizens that are picked at random. If they believe there's enough to indict someone on those charges, then they'll determine that there's sufficient evidence.