Crimes Against The Person - Assault and Battery Flashcards
0
Q
What are the elements of ASSAULT?
A
Intentional creation
of a reasonable apprehension in the mind of the victim
of imminent bodily harm
(Specific intent)
- can be an attempted battery - different in NY!!!
1
Q
What are the elements of BATTERY?
A
The unlawful
Application of force to another
Resulting in either (a) bodily injury or (b) an offensive touching
(General Intent)
2
Q
What are the elements of assault in NEW YORK?
A
Intentionally causing physical harm to another person.
(i.e. common law battery)
Note: menacing = common law assault
3
Q
What are the degrees of assault in New York?
A
Start with 2: intentionally causing serious physical harm
Ratchet to 1: add a weapon
Ratchet down to 3: harm is not serious
Note: menacing = common law assault
