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.
Washington 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
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. In Washington, assault charges cover the threat of force as well as the actual use of force.
Three definitions of assault have been recognized by Washington courts: (1) an attempt, with unlawful force, to inflict bodily injury upon another; (2) an unlawful touching with criminal intent; and (3) putting another in apprehension of harm whether or not the actor actually intends to inflict or is incapable of ...
Under Washington law, an ?unlawful touching? is harmful or offensive if the particular touching (or striking, cutting, shooting, or other contact) would offend an ordinary person. Also, an act is not an assault if the person touched, struck, cut, or shot, consented to the alleged assault.
Are Assault And Battery Offenses Always Charged at the Felony Level in Washington State? No. In Washington, charges involving domestic violence are charged as assault in the fourth degree, which is a gross misdemeanor.
The prima facie case for assault has three components: The defendant acts. The defendant intends to cause the victim to apprehend imminent harmful or offensive contact by the defendant. The defendant's act causes the victim to reasonably apprehend such a contact.
The main difference between a battery charge and an assault charge is the actual presence of harm and the threat of harm. Someone can only be charged with battery if they have caused real physical harm to someone, while a person can be charged with assault if the mere threat of harm is present.
Gross misdemeanor charges (364 days, $5000 max.), such as DUI, Fourth Degree Assault and Theft in the Third Degree, must be filed within 2 years of the date of the crime. The rules for Felonies are much more complex. The general rule is that a felony charge must be filed within 3 years after commission of the crime.
These are some examples of assault: Intentionally applying force to a person, such as by hitting, pushing, or choking them. Attempting to apply force to a person, whether or not physical contact is actually made. Threatening to apply force to a person, leading them to believe that they are in danger.