Crimes Against the Person: ASSAULT & BATTERY

Question 1

Elements: Common Law Battery

Answer 1

1- the UNLAWFUL
2- application of FORCE to another,
3- resulting in either BODILY INJURY or an OFFENSIVE TOUCHING
4- mental state = general intent (general awareness of the factors constituting the crime)

Question 2

Elements: Common Law Assault (2 versions)

Answer 2

Version 1- An Attempted Battery (swing and a miss)

Version 2- Tort Assault (fake punch)
1- the intentional creation
2- other than by mere words
3- of a reasonable apprehension in the mind of the victim
4- of imminent bodily harm

Mental State- SPECIFIC INTENT