Assault and Battery

Question 1

What is criminal battery?

Answer 1

• Intentional or reckless or criminally negligent
• application of force
• to the person of the victim

Question 2

When is simple battery elevated to aggravated battery?

Answer 2

1. ∆ causing victim serious bodily injury
2. ∆ uses a deadly weapon to commit battery
3. ∆ batters a special category of victim (e.g. child, woman)

Question 3

Defenses to Battery

Answer 3

1. Valid consent
2. Self-defense + defense of others (so long as ∆ uses proportional force)
3. Prevention of a crime (so long as ∆ uses proportional force)

Question 4

What is assault?

Answer 4

A failed attempted battery

Question 5

A & B Requirements

Answer 5

∆ must put victim in reasonable apprehension​

OR

cause the victim to suffer bodily harm

Question 6

“Fear of Battery” assault

Answer 6

∆ must act with threatening conduct intended to cause reasonable apprehension of imminent harm in the victim

victim must be aware of the threat of harm

Question 7

When is a person put in reasonable apprehension?

Answer 7

Expectation of assault