Crim Law - Assault and Battery

Question 1

Battery

Answer 1

The unlawful application of force to another, resulting in either bodily injury or an offensive touching

intent required: GENERAL INTENT

Question 2

Assault

Answer 2

2 versions

(1) Attempted Battery (ie swing and a miss)
(2) “Reasonable Apprehension” - the intentional creation other than by MERE WORDS of a REASONABLE APPREHENSION in the mind of the victim of imminent bodily harm (e.g. a fake punch)

Mental State: SPECIFIC INTENT

Question 3

Assault in NY***

Answer 3

ASSAULT in NY - Intentionally causing physical injury to another person

Third Degree
Second Degree - serious bodily injury
First Degree - serious bodily injury + weapon

Notes:
(1) all versions of assault in NY require INJURY (there is no “offensive touching” version of assault in NY as there is with common law battery)

(2) Attempted Assault in NY requires the INTENT to assault
(3) MENACING - merely creating a “reasonable apprehension” (without an intent to actually injure) is NOT assault. It is a different crime called “menacing”
(4) BATTERY is NOT a separate crime in NY