Florida 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

Simple assault is categorized as a second-degree misdemeanor in Florida. If convicted, one can face penalties that include imprisonment not exceeding 60 days, fines up to $500, probation, community service, and potentially, mandatory anger management classes.

Simple battery is a misdemeanor in Florida and carries a penalty of up to one year in jail or 12 months' probation and a $1,000 fine. Aggravated battery requires the intent to do serious bodily harm or the use of a deadly weapon and carries a sentence of up to five years in state prison and a $5,000 fine.

In Florida: Assault is a second-degree misdemeanor, punishable by up to 60 days in jail and fines of up to $500. Battery is a first-degree misdemeanor, punishable by up to 1 year in jail and fines of up to $1,000.

In Florida, victims of assault and battery may file a claim against their assailants for monetary compensation as can victims of car accidents, slip-and-falls, or other incidents in which they sustain harm.

Under Florida law, Simple Battery (Misdemeanor Battery) is a first degree misdemeanor, with penalties of up to one year in jail or 12 months probation, and a $1,000 fine. Battery is a highly defendable charge, and an attorney is critical to avoiding the harsh consequences of a conviction.

In Florida, the difference between assault and battery lies in the absence or presence of physical contact. Assault is a verbal or physical threat of harming another. Battery occurs when either a person causes bodily harm to another or intentionally makes physical contact against the other person's will.

For a defendant to be convicted of felony battery under Florida Statute 784.041, the prosecutor must prove: The defendant actually and intentionally touched or hit the victim against the will of the victim; and. The defendant caused great physical injury, lasting disability, or permanent mutilation.

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Florida Complaint regarding Assault and Battery