Crim Law 3

Card Set Information

Author:
paul
ID:
23535
Filename:
Crim Law 3
Updated:
2010-06-14 18:48:36
Tags:
Assault Battery
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Description:
Crime Law 3 - Assault & Battery
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  1. COMMON LAW

    BATTERY

    1) Elements?
    2) Mental state?
    1) ELEMENTS

    • The UNLAWFUL
    • application of FORCE to another
    • resulting in either BODILY INJURY, or OFFENSIVE TOUCHING

    2) GENERAL INTENT
  2. COMMON LAW

    ASSAULT

    1) Elements?
    2) Mental state?
    1) ATTEMPTED BATTERY, or

    • the INTENTIONAL creation
    • OTHER than MERE WORDS
    • of a REASONABLE APPREHENSION in the mind of the victime
    • of IMMINENT BODILY HARM

    2) SPECIFIC INTENT (to bring about desired result)
  3. COMMON LAW

    AGGRAVATED ASSAULT & BATTERY
    An assault or battery will be more serious if one of the following is added

    • a WEAPON is used
    • the victim is a CHILD, elderly, handicapped, or otherwise VULNERABLE, or
    • the intent is to commit a ROBBERY or RAPE
  4. NEW YORK

    ASSAULT-2
    • INTENT
    • to cause SERIOUS PHYSICAL INJURY
    • to ANOTHER PERSON

    ***memorize ASSAULT-2. Can make into A1 or A3 by adding or subtracting aggravating or mitigating factors
  5. NEW YORK

    ASSAULT-1
    • Assault-2, plus
    • use of a WEAPON
  6. NEW YORK

    ASSAULT-3
    • Intentionally causing
    • PHYSICAL INJURY
    • to another person
  7. NEW YORK

    MENACING
    An "attempted" assault in NY. Merely creating a "reasonable apprehension" WITHOUT an intent to actually injure

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