Criminal law chapter 11

Assault

An attempt to commit a battery

An attempt to strike

assault and battery

Under common law assault and battery were different crimes

Today the phrase ? Is used to indicate one offense

No

Can a battery be committed without an assault

Yes

Can an assault occur without a battery

1. An attempt to commit a battery in which no actual battery or physical injury resulted

2. An intentional frightening

The crime of assault must include

Apprehension or fear on the part of the victim

In an assault the state must show what

Battery

In many states such as New York and New Jersey the crime of assault includes what

Present ability

To be guilty of assault one needs what

Reasonable apprehension of fear assault

An overt act intended to put another person in fear of bodily harm

Misdemeanor or ordinance charge

A simple assault is a what

Felony charge

A criminal charge of assault with a deadly weapon is what

Apprehensive of the impending harm or danger

For an offense to constitute as an assault the victim must be what

1. Actually and intentionally touches or strikes another person against the will of another

2. Intentionally causes bodily harm

A person commits a battery of what

Intentional

Or done knowingly

All states that make battery a crime require that the act must be what

offensive touching

unpermitted physical contact with another person, usually limited to "private" or genital parts

Voluntary participant rule

Players in body contact sports consent to such conduct as part of the game

This is commonly referred to as what

Criminal charges

If the conduct goes beyond the rules of the game what are applicable

menacing

intentionally placing or attempting to place another in fear of immediate serious physical injury

aggravated assault

assault made more serious by presence of a firearm or as part of intent to commit a felony

Aggravated Battery

Battery committed with a dangerous weapon

Or battery that causes serious bodily injury

Felony

Aggravated assaults or aggravated battery statutes bring the consequence from a misdemeanor to a what

1. Use of a firearm

2. Intent to commit a felony

The aggravating factors for an assault are usually what

1. Causing serious bodily harm

2. Using a deadly weapon

The aggravating factors for a battery are usually what

The aggressor defense

The defendant may assert that the other party was the aggressor, and that the defendant was acting in self defense

mayhem and malicious disfigurement

willfully inflicting an injury on another so as to cripple or mutilate the person

Mayhem

Involves disablement of normal functioning of a human body

Malicious disfigurement

Focuses on willful permanent disfigurement

Substantial factor

In hate crime prosecutor must prove a victims status was a

Active and passive

Child abuse as a crime has both what kind of elements

1. Mandatory reporting laws

2. Increased authority given to social workers

3. New criminal laws

In response to child abuse what have occurred

Life imprisonment

Kid napping was a crime as common law

Punishable by

kidnapping

false imprisonment coupled with movement of the victim

hostage taking

The use or threat of use of force to restrain or confine a person with the intent to use the person as a hostage to compel another person to perform some act

false inprisonment

Unlawful restraint or detention of a person

child snatching

The abduction of a child by one parent without the consent of the other parent