Assault/Battery Flashcards
Defendant commits battery when she with culpable state of mind applies physical force to another and either inflicts injury or “offensive touching” on another.
Battery
completed assault
Battery
result crime, defendant needs to cause injury or offensive touching.
Actus Reus Battery
general intent crime at common law. Criminal negligence suffices.
Mens Rea Battery
extended bodily injury battery to acts that indirectly inflict physical harm (causing victim to ingest poison, causing victim to be infected with STDS).
Common Law Battery
does not involve actual touching of another.
Assault (Common Law)
attempted battery
Assault (Common Law)
Either there was a failed effort to touch or simply an effort to scare.
Assault (Common Law)
acts of “violence begun to be executed” which “come sufficiently near” to completion of battery; i.e. came sufficiently close to completing battery
Assault (Common Law)
intent to complete battery
Assault (Common Law)
Common-law courts required present ability to commit battery
No assault if gun was unloaded
Incorporated even stricter notion of proximity to completed act than law of attempt
No requirement of apprehension or fear from victim
Assault (Common Law)
Does not require defendant’s intent to create fear in victim
Mens Rea for Assault (attempted battery) Common Law
Requires intent to achieve result of battery
Mens Rea for Assault (attempted battery) Common Law
Aggravated battery and assault crimes often felonies likely have extra elements such as:
Result in serious bodily injury
Use of dangerous weapon
Mens rea for a violent felony (intent to rob)
Victim was member of specific class (officer)
Modern Assault & Battery
Many jurisdictions merged elements of separate assault and battery into single assault crime
Modern Assault & Battery
