2. Crimes Against the Person: Assault and Battery

Question 1

Common Law Battery

Answer 1

1. The unlawful
2. application of force to another,
3. resulting in either
   a) bodily injury or
   b) an offensive touching.

Question 2

Mental State for common law battery

Answer 2

General intent

Question 3

Common Law Assault

Answer 3

Version #1: Attempted battery (a swing and a miss)

Version #2 (“reasonable apprehension”):
1. The intentional creation

2. other than by mere words
3. of a reasonable apprehension in the mind of the victim
4. of imminent bodily harm (a fake punch).

Question 4

Mental state for common law assault

Answer 4

Specific intent

Question 5

NY Assault

Answer 5

1. Intentionally
2. causing physical injury
3. to another person.

Question 6

The three typical factors that make a crime more or less serious:

Answer 6

1. Weapons (“Add a gun, add a degree.”)
2. Injury, which come in two levels of seriousness:
   (a) Physical injury: Substantial pain.
   (b) Serious physical injury: Permanent or life threatening.
3. Quantity (money, drugs).

Question 7

Second Degree Assault

Answer 7

1. Intentionally causing

2. serious physical injury

Question 8

First Degree Assault

Answer 8

1. Second degree assault, plus

2. a weapon.

Question 9

Third Degree Assault

Answer 9

1. Intentionally causing

2. non-serious physical injury.

Question 10

NY Battery

Answer 10

Battery is not a separate crime in New York!

Question 11

All versions of assault in New York require:

Answer 11

Injury

That is, there is no “offensive touching” version of assault in New York, as there is with common law battery

Question 12

NY Menacing

Answer 12

Merely creating a “reasonable apprehension” (without an intent to actually injure) is not assault. It is a different crime called “menacing.”

Question 13

NY Attempted Assault requires:

Answer 13

Attempted assault in New York requires the intent to assault.