Crim - Offenses against person Flashcards
Battery
unlawful application of force resultingin bodily injury or offensive touching.
Aggravated: deadly weapon; serious bodily harm; to a child, woman, or police.
assault
attempted battery (SI); threat to bodily injury (GI)
Homicide
unlawful killing of human w/malice aforethought:
intent to kill; intent to inflict great bodily injury; reckless indifference to an unjustifiably high risk to life; felony murder;
First: deliverate, willful, and premeditated and enumerated felony e.g. arson, robbery, burlary, rape, mayhem, and kidnapping.
Second: Everything else under CL murder. Unjustified. No felony once D reaches temp safety or if death of co-felon is result of resistance by victim or police.
Manslaughter
Bump down from murder if “imperfect self-D” - D was at fault in starting fight or unreasonably but honestly believed in necessity.
Vol - murder w/adequate provocation/heat of passion w/o time to cool
Invol - criminal negligence, battery, or misdemeanor