ASSAULT & BATTERY

Common Law Assault Definitions MPC 211.1. Assault.

(1) Attempted battery. The must specifically

intend to commit a battery and perform an act beyond mere preparation. Some Jx require the apparent ability to carry out the battery. Some Jx hold that every battery includes an assault.

(1) Simple Assault. is guilty if he:

(a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; OR (b) negligently causes bodily injury to another with a deadly weapon; OR (c) attempts by physical menace to put another in fear of imminent serious bodily injury.

(2) Modern Tort-Like Definition.* The must

intend to cause and cause apprehension of receiving an immediate battery. Some Jx require apprehension of bodily injury or serious bodily injury.

(2) Aggravated Assault.** is guilty if he:

(a) attempts to cause serious bodily injury to another, or causes such injury purposely, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life; OR (b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon MPC No Battery aggravated assault

(3) Aggravated Assault/Battery.** A statutory

felony aggravated (madeserious) by: (a) a more culpable state of mind intent to kill; OR (b) an especially threatening means gun or other deadly weapon; OR (c) a particularly serious result serious physical injury Common Law Battery Battery The unlawful application of force to the person of another. Requires a wrongful act committed with at least criminal negligence. By statute, some Jx require bodily injury, not just an offensive touching.

* This definition is derived from torts, but is recognized now in many jurisdictions as an alternative definition of criminal assault. ** Something is aggravated by being made a more serious crime

Aggravated Assault with a Deadly Weapon State v. Jimmerson (WA, 1980) I didnt intend to run down those cops, I just wanted to splash them with slush P the car was the deadly weapon; wanted to kill the cops. Charged w/ 1 assault reduced to 2. wanted an instruction on simple assault

Ct NO. Either you intended to hit them w/ the car (1 or 2 assault) or you didnt (no assault). There is no simple assault here. Simple Assault. attempt w/ unlawful force, to inflict bodily injury on another, accompanied w/ apparent present ability to give effect to that attempt if not prevented.

Common Law Battery Distinctions went w/ #1 - Traditional CL Attempted Battery. US v. Bell (7th Cir, 1974) (Illinois) Argues that he didnt rape the geriatric mental MPC SENTENCING GUIDELINES 211.1 patient b/c she couldnt understand what was Simple assault misdemeanor; if mutually happening no apprehension. consensual fight petty misdemeanor Ct Nope. 2 kinds of criminal assault: (1) Aggravated Assault (2)(a) 2 felony; attempted battery & (2) an act putting another (2)(b) 3 felony in reasonable apprehension of bodily harm. Ct bodily injury means physical pain, illness or any impairment of physical condition; serious bodily injury means bodily injury, which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.