Assault/Battery Flashcards Preview

Criminal Law > Assault/Battery > Flashcards

Flashcards in Assault/Battery Deck (16):
1

Defendant commits battery when she with culpable state of mind applies physical force to another and either inflicts injury or "offensive touching" on another.

Battery

2

completed assault

Battery

3

result crime, defendant needs to cause injury or offensive touching.

Actus Reus Battery

4

general intent crime at common law. Criminal negligence suffices.

Mens Rea Battery

5

extended bodily injury battery to acts that indirectly inflict physical harm (causing victim to ingest poison, causing victim to be infected with STDS).

Common Law Battery

6

does not involve actual touching of another.

Assault (Common Law)

7

attempted battery

Assault (Common Law)

8

Either there was a failed effort to touch or simply an effort to scare.

Assault (Common Law)

9

acts of "violence begun to be executed" which "come sufficiently near" to completion of battery; i.e. came sufficiently close to completing battery

Assault (Common Law)

10

intent to complete battery

Assault (Common Law)

11

Common-law courts required present ability to commit battery
No assault if gun was unloaded
Incorporated even stricter notion of proximity to completed act than law of attempt
No requirement of apprehension or fear from victim

Assault (Common Law)

12

Does not require defendant's intent to create fear in victim

Mens Rea for Assault (attempted battery) Common Law

13

Requires intent to achieve result of battery

Mens Rea for Assault (attempted battery) Common Law

14

Aggravated battery and assault crimes often felonies likely have extra elements such as:
Result in serious bodily injury
Use of dangerous weapon
Mens rea for a violent felony (intent to rob)
Victim was member of specific class (officer)

Modern Assault & Battery

15

Many jurisdictions merged elements of separate assault and battery into single assault crime

Modern Assault & Battery

16

Modern majority uses result model
intent to cause apprehension of harm
victim is apprehensive (aware of assault and experiences apprehension of immediate harm)
conduct sufficient to create reasonable apprehension

Modern Frightening Assault