Assault and Battery

Question 1

What two elements to assault and battery that are needed? Is it a results crimes?

Answer 1

you need a Mens Rea and an acts reus. it is not a results crime (

Question 2

What are the elements of battery?

Answer 2

It is the intentional, reckless, or criminally negligent unlawful application of force to the person of the victim.

Question 3

What can be the type of force applied in battery?

Answer 3

direct or indirect force

Question 4

When assault is defined as intentional causing victim to fear an immediate battery, what are requirements?

Answer 4

1. defendant must act with conduct (not just words, overt act needed)
2. defendant intends to cause actionable apprehension or cause victim to suffer bodily harm

Question 5

What does reasonable apprehension mean?

Answer 5

1. expecting reasonable bodily harm
   a. promise of future action does not happen
2. don’t need to fear bodily harm, but must expect defendant’s actions will cause immediate bodily harm.
3. this is unlike attempted battery assault, where unawareness of threat will prevent liability.

Question 6

What happens to assault when the attempted battery happens?

Answer 6

Then assault merges into battery and defendant is only guilty of only battery

Question 7

What is aggravated assault?

Answer 7

when assault is committed with dangerous weapon
intent to seriously injure, rape, or murder the victim

Question 8

Define Simple Assault in MPC terms

Answer 8

Section 211.1. Assault.
(1) Simple Assault. A person is guilty of assault if he:
(a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
(b) negligently causes bodily injury to another with a deadly weapon; or
(c) attempts by physical menace to put another in fear of imminent serious bodily injury.

Simple assault is a misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor.

Question 9

Explain aggravated assault:

Answer 9

Section 211.1. Assault.
(2) Aggravated Assault. A person is guilty of aggravated assault if he:
(a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; or
(b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.

Aggravated assault under paragraph (a) is a felony of the second degree; aggravated assault under paragraph (b) is a felony of the third degree.