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.
Idaho 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 is graded as a misdemeanor in Idaho and is punishable by up to 3 months of incarceration and a $1000 fine. Battery is the crime of actually touching, striking, or causing harm to another person (I.C. § 18-903). The kinds of acts that can constitute battery are wide ranging.
If a jury, or the court if a jury is waived, does not find a statutory aggravating circumstance beyond a reasonable doubt or if the death penalty is not sought, the court shall impose a life sentence with a minimum period of confinement of not less than ten (10) years during which period of confinement the offender ...
Any person convicted for the third time of the commission of a felony, whether the previous convictions were had within the state of Idaho or were had outside the state of Idaho, shall be considered a persistent violator of law, and on such third conviction shall be sentenced to a term in the custody of the state board ...
Habitual Offender Statute If a defendant is convicted of any felony for a third time, either in Idaho or outside the state of Idaho, the sentence on the third conviction is a period of incarceration of five years to life. (Idaho Code Section 19-2514.)
Idaho's hate crime statute makes it a felony (called ?malicious harassment?) to cause or credibly threaten to cause physical injury to another person, or damage their property, with malicious intent to intimidate or harass a victim on the basis of their race, color, religion, ancestry, or national origin.
Idaho has a habitual offender law ? or three strikes law ? that requires a third felony to result in a minimum five-year term.
A prosecution must be commenced by the filing of the complaint or the finding of an indictment within five (5) years after the commission of the offense. Statutory citation(s): Citation for the crime: Idaho Code § 18-1509. 1. Citation for the statute of limitations: Idaho Code § 19-402.
A battery is any: (a) Willful and unlawful use of force or violence upon the person of another; or (b) Actual, intentional and unlawful touching or striking of another person against the will of the other; or (c) Unlawfully and intentionally causing bodily harm to an individual.