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Complaint Regarding Assault and Battery Form

Complaint Regarding Assault and Battery Form

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Instructions and help about Complaint Regarding Assault And Battery

hi my name is jamal kersey and i'm a criminal defense attorney in san diego california and in this video i'll be discussing the charge of assault under penal code section 240. in order to prove the defendant is guilty of assault the prosecutor must prove the following elements number one the defendant committed an act that by its very nature would directly and most likely result in the application of force on another person the classic example of this would be throwing a punch at someone at close range throwing a punch is an act that would likely result in the application of force on another person element number two is the defendant acted intentionally so it can't be an accident if a guy is telling a story he's talking with his hands he makes a motion like this and accidentally smacks someone that's not going to be an assault sure it was an act that resulted in the application of force to another person but clearly it was not intentional therefo

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