Offenses Against the Person Flashcards
Offenses against the Person are, generally:
Battery; Assault; Agg. Assault; Homicide; False Imprisonment; Kidnapping.
Battery, a general intent crime, is the unlawful application of
force resulting in either BODILY INJURY or OFFENSIVE TOUCHING.
The Battery need NOT be intentional and
the force need NOT be applied directly.
Assault is an ATTEMPT to commit a battery OR
the intentional creation of reasonable apprehension of imminent bodily harm.
If there is touching then the crime switches from
Assault to Battery.
Aggravated Assault is Assault-PLUS:
1) Use of a deadly or dangerous weapon; or
2) An intent to rape/maim/murder.
Murder (generally) is the unlawful killing of another human being with malice aforethought. Such a state of mind exists if there is (4):
1) An intent to kill;
2) Intent to cause great bodily harm;
3) Intent to commit a felony;
4) Reckless indifference to an unjustifiably high risk to human life.