Battery and Assault Flashcards
14:33
Battery Defined-battery is the intentional use of force or violence upon the person of another or the intentional administration of a poison or other noxious liquid or substance to another
14:34 (A)
Aggravated Battery-is a battery committed with a dangerous weapon
14:34 (B)
Whoever commits an aggravated battery shall be fined not more than $5k, imprisoned with or without hard labor for not more than 10 years or both. At least one year of the sentence imposed shall be served without benefit of parole, probation or suspension of sentence.
14:34.1
Second Degree Battery-is a battery where the offender intentionally inflicts serious bodily harm however, this provision shall not apply to a medical provider who has obtained te consent of the patient
14:34.7 (A)
Aggravated 2d degree battery-is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily harm
14:35
Simple Battery-is a battery committed without the consent of the victim
Whoever commits a simple battery shall be fined not more than $1k or imprisoned for not more than 6 months or both
14:36
Assault Defined-Assault is an attempt to commit a battery, or the intentional placing of another in a reasonable apprehension of receiving a battery.
14:37 (A)
Aggravated Assault-is an assault committed with a dangerous weapon
14:37 (B)
Whoever commits an aggravated assault shall be fined not more than $1k or imprisoned for not more than 6 months or both
14:37 (C)
If the offense is committed upon a store’s or merchant’s employee while the offender is engaged in the perpetration of theft or goods, the offender shall be imprisoned for not less than 120 days without benefit of suspension of sentence nor more than 6 months and may be fined not more than $1k.
14:38
Simple Assault-is an assault committed without a dangerous weapon
Whoever commits a simple assault shall be fined not more than $200, or imprisoned for not more than 90 days or both