Offenses Against the Person Flashcards
Offenses Against the Person
Battery (Aggravates) Assault (Aggravated) Mayhem, Homicide
Battery (General Intent Crime)
Unlawful application of force with person resulting in harmful or offensive touching. (NO INTENT REQUIRED)(NO DIRECT TOUCHING REQUIRED)(CAN BE DONE THROUGH CRIMINAL NEGLIGENCE)
Aggravated Battery
Battery with deadly weapon/intent to cause serious bodily injury, battery to child, woman or police officer
Assault
Attempted Battery/Intentional creation other than by words resulting in a reasonable apprehension of immediate bodily harm or offensive contact.
Actual Touching = Battery
Aggravated Assault
Assault with deadly weapon or Assault with intent to maim, rape or murder
Mayhem
Dismemberment or disablement of a body part
Homicide
Killing of a person with malice aforethought
Malice Aforethought Exists If:
Intent to kill, Intent to cause serious bodily injury, reckless indifference to an unjustifiable risk to human life, intent to commit a felony
Homicide (Causation)
Cause in Fact (but for), Proximate Cause (Natural and Probable Consequence of Defendant’s Actions, foreseeablility)
Homicide Rule of Causation
Acts that hasten inevitable are still within causation,
Simultaneous acts of two or more people may be independently sufficient causes of single result.
Defendant will take victim as she finds them.