Different Assault Charges - Assault and battery are two crimes that are often punished together, but are separate crimes with different elements. Although modern jurisdictions often combine assault and battery into a single statute called assault, the crimes are still distinct and often classified differently. In the Model Penal Code, both crimes are called simple and aggravated assault (Model Penal Code Section 211.1). However, the Model Penal Code does not distinguish between assault and battery for classification purposes. This section examines the elements of both offences, including possible defences.
Battery is a crime that has the elements of a criminal act, criminal intent, surrounding circumstances, causation, and harm, as discussed in the following subsections.
Different Assault Charges
In most jurisdictions, the element of the offense required for punishment is unlawful touching, often described as physical contact (720 ILCS § 12-3, 2011). This element of the offense distinguishes assault from assault, although a person may be convicted of both crimes if he commits separate acts based on the relevant intent. The accused may touch the victim with an instrument, such as shooting the victim with a gun, or hit the victim with a thrown object, such as a rock or bottle. The accused may also touch the victim with a vehicle, knife or substance, such as spitting on the victim or spraying the victim with a hose.
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Recall the example from Chapter 1, "Introduction to Criminal Law," where Chris, a newly hired employee at McDonald's, spills steaming coffee on the hand of his customer, Geoff. Although Chris did not touch Geoff with any part of his body, he spilled the substance he touched illegally
The element of criminal intent required for battery varies by jurisdiction. At the beginning of the common law, battery was a proper or well-known touch. Many states take a common law approach and require specific or deliberate intent or common or known intent (Fla. Stat. Ann. § 784.03, 2011). Others include reckless intent (K.S.A. § 21-3412, 2011) or negligent intent (R.I. Gen. Laws § 11-5-2.2, 2011). Jurisdictions involving reckless or negligent intent generally require actual injury, serious bodily injury, or the use of a deadly weapon. The Model Penal Code requires intentionally, knowingly, or recklessly injuring another person or negligently “injuring another person with a deadly weapon” (Model Penal Code, § 211.1(1)(b). If the reckless intent is
See an example with Chris and Geoff in Chapter 10, "Example of a Battery Act." Let's say Chris spilled hot coffee on Geoff's hand when Chris was trying to multitask and split the money at the same time he poured the coffee. Chris's act of physically touching Geoff with the hot coffee can be based on negligent intent because Chris is a new employee and is probably unaware of the risk of spilling coffee while multi-tasking. If the state in which Chris spilled does not include negligent intent in the battery statute, Chris likely
Chris will not be prosecuted for battery unless the coffee badly burned Geoff's hand; Hot coffee cannot kill and would probably not be considered a lethal weapon.
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In most jurisdictions, touching the battery without victim is a prerequisite
. Thus, a victim's consent may constitute a failure of a failure to prove or an affirmative defense in certain factual situations.
Recall the example from Chapter 5, Criminal Defense, Part 1, when Allen tackles Brett at a high school football game, resulting in Brett being seriously injured. Although Allen intentionally touched Brett resulting in serious bodily injury, Brett consented to the touching by voluntarily participating in a sporting event involving physical contact.
. Thus, there are no aggravating circumstances and Allen will likely not be prosecuted for this crime.
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In addition to consent, there are also justifications and defenses, which are discussed in detail in Chapter 5, Criminal Defenses, Part 1, and Chapter 6, Criminal Defenses, Part 2. In summary and overview, the defenses to battery are self-defense, defense of property and dwelling, and legal apprehension of the offender. One defense to battery that is covered in Chapter 6, Criminal Defenses, Part 2, is the insanity defense. Another battery protection is
Of a child from one parent, which is generally regulated by law and varies from state to state (Kidjacked.com, 2011).
The defendant's criminal act must be the actual and legal cause of the damages defined in Section 10, "Battery Damages."
Contact (720 ILCS § 12-3, 2011). Some jurisdictions require that the victim be injured (Ala. Code § 13A-6-21, 2011). The severity of the injury may increase the classification as discussed in Chapter 10, Battery Classification.
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See the example in Chapter 10, "Example of Battery Operation," where Chris spills hot coffee on Geoff's arm. If Chris and Geoff are demanding
To the victim as an element of battery damage, Chris will not be prosecuted for this offense unless the hot coffee injures Geoff's hand. If Chris and Geoff are in a state that allows them to take damage
Chris may be charged or convicted of battery if there is an element of intent to commit battery as described in Section 10, Intent to Use Battery.
At the beginning of the common law, battery was a misdemeanor. The Model Penal Code classifies a slap (called simple assault) as a misdemeanor unless it is "committed during a fight or scuffle that was consensual, in which case it is a misdemeanor" (Article 211(1)(1) of the Model Penal Code). Model of the degrees of the criminal code
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Battery (called aggravated assault) that causes serious bodily injury or bodily harm with a deadly weapon as a felony of the second or third degree (Model Penal Code Section 211.1(2)). Many states follow the Model Penal Code approach, which classifies a shoe that causes a felony or emotional injury as a misdemeanor (720 ILCS § 12-3, 2011) and an injury that causes bodily injury as a gross misdemeanor or felony (720 ILCS § 12-4 ). , 2011). Additionally, battery based on a higher level of intent, such as intent to cause great bodily injury or intent to injure or disfigure, is often classified higher (Ala. Code § 13A-6-20, 2011). Other factors that can aggravate the classification of battery include the use of a weapon (RI Gen. Laws § 11-5-2, 2011), battery during the commission or attempt to commit a felony or violent crime (Al. Code § 13A). -6-20, 2011), victim impotence (Wis. Stat § 940.16(6), 2011), and violence against a teacher (Wis. Stat. § 940.16(5), 2011) or law enforcement officer (Wis. 2011 § 940.20 2 part.
Assault is a crime with the elements of a criminal act and intent. Certain types of assault also have an element of causation and harm, as discussed in Chapter 10, Aggravated Assault Battery.
Two types of attack are recognized. Some jurisdictions attempt to attack. In other jurisdictions, assault is an aggravated act. The Model Criminal Code criminalizes both attempted arson and threatening to use it (Article 211.1 of the Model Criminal Code). The elements of both types of attack are discussed in Chapter 10, "Empty Battery and Threat Battery Attacks."
Attempted battery is an assault involving any element of battery other than physical contact. The elements of attempted battery are criminal acts based on criminal intent. There is no claim of causation or damages
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Crimes do not require compensation. Although attempted battery should allow for the same defense of consent as battery, it is not as common for assault as for battery because most statutes do not contain the inherent element of the victim's lack of consent.
Make physical contact with the victim, but for some reason has disappeared. It could be a thrown object that never hits its target, a gun that misses, or a shot that doesn't connect. In some states, the defendant must actually have the potential to cause harmful or offensive physical contact, even if the contact never occurred (Cen. 240, 2011). The actual capacity requirement is merely an extension of the rule that an attempt to commit a crime must go beyond preparation. In most jurisdictions, the element of criminal conduct is measured by the essential steps test of the Model Penal Code, detailed in Chapter 7, Parties to Crimes (Commonwealth v. Matthews, 2011). In summary, the substantial steps test requires that the defendant must take substantial steps to complete the battery and that the defendant's actions must strongly establish the defendant's criminal intent (Model Penal Code, § 5.01).
Diana points a loaded gun at her ex-boyfriend Dan, says, "Prepare to die, Dan," and pulls the trigger. Fortunately for Dan, the gun malfunctions and does not fire. Diana must have tried to attack the battery. Diana took whatever steps were necessary to end the battery, and her behavior in pointing the gun at Dan and pulling the trigger strongly supports her criminal intent. Also, it seems that Diana could have actually shot Dan since her gun was loaded. So Diana could be charged and convicted of a crime
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