Criminal Law - Battery & Assault

Battery definition

An intentional, reckless, or grossly negligent application of force to the person of another resulting in bodily injury or offensive touching

Battery elements

1. Actus reus — Application of force resulting in bodily injury or offensive touching of another

2. Mens rea — Intent (purpose or knowledge under the MPC), recklessness, or gross negligence

3. Causation

4. Attendant circumstances — Aggravating factors

Offensive touching battery requires the touching to be both (1)_______ offensive and (2)_______ offensive to the victim.

1. reasonably

2. subjectively

Bodily injury resulting from battery includes physical pain, illness or (1)________ of the physical condition. This means that (2)________ from normal health suffices to prove the actus reus of battery.

1. impairment

2. any deviation

Unlike tort battery, to prove intentional criminal battery, one must prove that the D intended to cause _______ as a result of the bodily contact.

bodily injury

4 standard aggravating factors for battery

1. Using a means likely to inflict death or great bodily harm on the victim

2. Intent to cause great bodily harm

3. Actual infliction of serious injury or permanent disability (mayhem)

4. Battery of a specially protected victim (e.g., children and police officers)

Significance of the Adams case

Battery is recognized as a criminal offense due to underlying concerns about breaches of peace, sacredness of the body, and the victim’s dignity.

The consent defense for battery

One can consent to a simple battery, but one cannot ever consent to an aggravated battery.

2 types of assault

1. Attempted battery type assault

2. Reasonable apprehension type assault

Elements of attempted battery type assault

1. Actus reus — Attempted application of force that would’ve resulted in bodily injury or offensive touching if successful

2. Mens rea — Intent (purpose or knowledge under the MPC) to cause great bodily harm

3. Causation

4. Attendant circumstances — Victim must have awareness of the attempted battery.

Elements of reasonable apprehension type assault

1. Actus reus — Creation of reasonable and subjective apprehension of great bodily harm in the victim

2. Mens rea — Intent (purpose or knowledge under the MPC) to cause apprehension

3. Causation

4. Attendant circumstances — Aggravating factors

3 standard aggravating factors for assault (both types)

1. Assault with a deadly weapon

2. Assault of a child

3. Assault of a police officer

Majority rule for charging aggravated assault/battery

A simple assault/battery is a misdemeanor, but an aggravating factor escalates it to a felony

If a victim dies following D’s act, but the evidence is insufficient to prove that he was the legal cause for homicide, then (1)________ will almost always qualify as the (2)________.

1. battery

2. lesser influded offense

The difference between battery and attempted homicide is that, in a battery, D (1)_______ the intent to kill the victim; but, in an attempted homicide, D (2)________ the intent to kill the victim and (3)________.

1. lacked

2. had

3. failed