Assault and Battery Flashcards
Battery
An unlawful application of force to another person resulting in either bodily injury or an offensive touching.
-> an object carried by or attached to the victim is sufficient(not cars)
->unwanted romantic contact is offensive touching
->General intent crime, recklessness, knowledge and negligence will suffice.
Aggravated Battery
-Serious bodily injury
-Deadly weapon used
-Status of the victim(child, police officer, etc)
Assault
An attempt to commit a battery or intentionally placing another in apprehension of imminent bodily harm.
-Specific intent crime: actor must have the subjective intent to bring about an attempted battery or to place the victim in apprehension
-> subject to defenses of intoxication and unreasonable mistake of fact
Aggravated Assault
-Deadly weapon is used
-The type of harm feared is specifically designated