Crimes Against the Person Flashcards
(7 cards)
Simple Battery RULE
When D, without consent, causes a harmful or offensive contact with another person and does so by the purposeful, knowing, reckless, or criminally negligent use of force
Misdemeanor
Aggravated Battery RULE
(1) when D causes the V SBI, (2) when D uses a deadly weapon to commit the battery, or (3) when D batters a pregnant woman, child, or police officer
Felony
Battery DEFENSES
V consented to the contact and the consent was not made by means of coercion or fraud
When D caused contact with the V, the D was acting in self-defense or in defense of a third person
When D caused the contact with the V, the D was trying to prevent the commission of a crime
Simple Assault RULE
When D attempts to commit a battery or intentionally causes the V to fear an immediate battery
Simple Assault
ATTEMPT TO COMMIT BATTERY
When D purposely tried to cause a harmful or offensive contact with V’s person. The fact that V was not aware of the attempted battery is no defense
Simple Assault
INTENTIONALLY CAUSING V TO FEAR IMMINENT BATTERY
D must act with threatening conduct intended to cause the V to feel reasonable apprehension of imminent harm