Assault Flashcards
What is the common law approach to assault?
It was split up with battery and assault (attempted batery) having their own offenses.
What is the modern approach to assault?
The modern approach in criminal law has replaced the distinction between battery and assault with a broadly defined assault offense which covers a wide range of conduct, encompassing both assault and battery.
What is aggravated assault?
Aggravated assault typically includes serious injury or use/display of a deadly weapon
Can hands be a deadly weapon?
Hands can be a deadly weapon if they are used in a way capable of producing serious bodily injury or death.
What if statutes overlap or punish the same conduct?
Under the US Constitution and most state constitutions, the legislature can enact overlapping or identical statutes that punish the same conduct but impose differnece penalties. Prosecutors have discretion to choose which statut to use so long as there is no evidence of selective enforcement based on prohibited standards like race, religion, etc. The US constitution sets the floor and state legislature can raise the ceiling by adding more protections.
What must a prosecution do to proceed with assault by omission?
To proceed on an assault by omission theory, the prosecution has to specify what the legal duty was.
