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.
New York Complaint regarding Assault and Battery
State:
Multi-State
Control #:
US-CMP-10048
Format:
Word;
Rich Text
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How to fill out Complaint Regarding Assault And Battery?
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FAQ
Prosecuting a New York City Assault Case To prove an assault case, the prosecutor must show that the defendant intentionally caused physical injury to the complainant. What that means is it was either an individual intentionally caused or, depending on the charge, recklessly caused physical injury to another.
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.
Under New York penal law, there is no such thing as battery. It's not even mentioned in that law; it only mentions assault, which is really the equivalent of what others call battery. Assault simply means the intention of causing of some injury to another person.
Only one of the three degrees of Assault in New York is a misdemeanor: Assault in the Third Degree. Both Assault in the Second Degree and Assault in the Third Degree are felonies. The degree of the criminal charges, whether Assault, usually depends on two factors. The first factor is the type of alleged injury.
Statute of Limitations CaseTime SinceAssault/Battery1 year from act (Civil); 2 or 5 years depending on the facts (Criminal)Burglary2 or 5 years depending on the factsCar accidents3 years from date of accidentChild sex abusemost cases until victim turns 55 (Civil) or turns 28 (Criminal)32 more rows ?
Assault and battery is more of a civil term. In criminal cases, New York statutes charge people with assault. There is no criminal battery in New York. Under New York penal law, the definition of assault is intentionally striking another person, and causing injury to that person.
New York City Police Department The victim of a crime files a complaint report with the police. Depending on where the crime occurred, you may report the crime to agencies such as the MTA police, State Police, or Port Authority Police. Otherwise, contact your local precinct as soon as possible.