Crimes Against the Person: Assault and Battery Flashcards
common law battery
Unlawful application of force to another resulting in either: bodily injury or offensive touching
MENTAL STATE: general intent
Common law assault
version 1: assault as an attempted battery (swing and miss)
version 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 (a fake punch)
Specific intent
Assault in NY
Intentionally causing physical injury to another person
Degrees of crimes in NY
Crimes go up or down a degree if they involve:
1) weapons
2) injury (physical –substantial, or serious– life threatening)
3) quantity (money, drugs)
murder
causing the death of another person with malice aforethought
malice aforethought
is satisfied if defendant has one of the following (4):
1) intent to kill
2) intent to inflict serious bodily harm
3) extreme recklessness meaning reckless indifference to human life
4) the intentional commission of an inherently dangerous felony (“felony murder”)
Ex. Dudley robs a bank, the gun accidentally goes off killing a teller– that’s felony murder
deadly weapon rule
the intentional use of a deadly weapon creates an inference of an intent to kill
transferred intent
if a defendant intends to harm one victim but accidentally harms a different victim instead, the defendant’s victim will transfer from the intended victim to the actual victim
only applies to crimes with completed harms, not attempt
Felony murder
any killing caused during the commission of or attempt to commit a felony
most common limitations on felony murder
1) D must be guilty of the underlying felony. If you have a defense to the felony, you have a defense to felony murder
Note: the felony must be:
inherently dangerous
New York limits felony murder to certain felonies: BRAKES
B- burglary R-- robbery A-- arson K-- kidnapping E-- escape S-- sexual assault
merger rule
the felony must be independent of the killing
res gestae principle
the killing must take place during the felony or during immediate flight from the felony. Once the felons reach a place of temporary safety, the felony ends.
the death must be..
foreseeable
the victim must not be a…
cofelon
proximate cause theory
if one of the co-felons proximately causes the victim’s death (even if the actual killing is committed by a third party), ALL the other co-felons will be guilty of felony murder
Agency theory
the felony murder doctrine applies only if the felony theory is committed by co-felons
non-slayer defense
NY provides a limited affirmative defense to felony murder if the defendant can prove each of the following four things:
- the defendant did not kill the victim
- the defendant did not have a deadly weapon
- the defendant had no reason to believe that his co-felons had deadly weapons; and
- the defendant had no reason to believe that his co-felons intended to do anything that was likely to result in death.
first degree murder – majority approach
any intentional killing with
1) premeditation– D thought about it ahead of time
2) deliberation— D was cool, calm and collected
Second degree murder- majority approach
all other intentional murders,
as well as depraved heart murder, where it still exists as a separate category of homicide,
intent to inflict serious bodily harm murder
first degree murder in NY
An intent to kill; and the defendant is more than 18 years old and at least one aggravating factor:
1) victim is law enforcement officer engaged in official duties at time of killing
2) D committed a murder for hire
3) felony murder where the victim was intentionally killed
4) killing for the purpose of witness intimidation; or
5) there was more than one victim intentionally killed in the same criminal transaction
Second degree murder in NY
intentional killing that does not qualify for first degree murder
Highly reckless killing demonstrating DEPRIVED INDIFFERENCE to human life by engaging in conduct that creates a grave risk of death, generally to more than one victim.
felony murder where the victim was not a co-felon and was killed unintentionally
voluntary manslaugter
a killing committed intentionally
in the heat of passion
upon adequate provocation
Core requirements:
1) provocation myst be objectively adequate “reasonable person”
e. g. serious assault or battery OR presently witnessed adultery
2) defendant was actually provoked
3) defendant did not have time to cool off
4) the defendant did not actually cool-off between the provocation and the killing
New York approach (Extreme Emotional Disturbance (“EED”) Manslaughter
an intentional killing committed under the influence of a reasonable and extreme emotional disturbance
Extreme emotional disturbance is a defense to second degree murder, which means defendant must prove EED by a preponderance of the evidence.
Common law involuntary manslaughter
1) a killing committed during the commission of a crime, to which the felony murder doctrine does not apply
2) an unintentional killing committed:
Common law: with criminal negligence (gross deviation from reasonable standard of care)
MPC/modern trend: recklessly
manslaughter in NY
first degree:
1) Extreme emotional disturbance manslaugther OR
2) an INTENT TO INFLICT SERIOUS BODILY INJURY
NY second degree manslaughter
1) mental state – recklessness
defendant is aware of an consciously disregards a substantial and justifiable risk of death
vehicular manslaugther
second degree vehicular manslaughter– causing death of another while DWI
First degree– second degree plus an additional aggravating factor, such as:
1) blood alcohol level of 18 or higher
2) the death of more than one victim
criminally negligent homicide in NY
Mental state: criminal negligence
Def: defendant should have been aware of a substantial and unjustifiable risk of death.
NY aggravated homicide
when the victim is the po po in the line of duty
NYaggravated murder
when defendant is over the age of 18 and victim is under 14, and especially in a cruel and wanton manne
Aggravated vehicular homicide
when D commits first degree vehicular manslaugther and engages in reckless driving
