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.
Pennsylvania 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
So, in order to be liable for battery, a person must have an intention to continue to perform an act that will harm a person, the act must have any physical conduct or there must be any physical contact. The contact must damage the person in any sort of way and the act must not be justified by the law.
Negligence thus is most usefully stated as comprised of five, not four, elements: (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm, each of which is briefly here explained.
The main difference is found in charges that are classified as ?simple?: A simple assault is the threat of violence, where no physical harm has actually been inflicted, while simple battery involves physically touching another person in a way that has been deemed offensive.
The prima facie case for battery contains 4 components: The defendant acts. The defendant intends to cause contact with the victim. The defendant's contact with the victim is harmful or offensive. The defendant's contact causes the victim to suffer a contact that is harmful or offensive.
In most cases, simple assault is a misdemeanor 2 charge and carries up to 2 years in prison. However, felony assault and battery can get you incarcerated for approximately one to 25 years, depending on the specific provisions of Pennsylvania's sentencing statutes and sentencing guidelines.
To constitute a battery the unlawful touching of another must be accom- panied by the requisite mental element. The battery must have been intention- al, not accidental or merely negligent.
Battery involves threatening physical contact, even if the contact is non-violent. To be charged with battery, the accused must initiate non-consensual contact. Battery is charged alongside assault under Pennsylvania law is not charged as a separate offense.
Assault charges typically involve the threat of violence and inducing fear in a victim. Battery charges are essentially when threats are carried out, and a physical attack occurs.