Assault And Battery 3rd Degree - Assault and battery are two crimes that are often prosecuted together, but are separate offenses with different elements. Although modern jurisdictions often combine assault and assault into one statute called assault, the offenses are still distinct and are often judged differently. The Model Criminal Code calls for the crime of assault, simple and aggravated (Model Criminal Code § 211.1). However, the Model Penal Code does not differentiate between assault and beating for judgment purposes. This section examines the elements of both crimes, including potential defenses.
Battery is a crime that has elements of crime, malicious intent, accompanying circumstances, cause and effect, and danger as discussed in the following sub-chapter.
Assault And Battery 3rd Degree
The required element of criminal action for battery in most jurisdictions is unlawful contact, often described as physical contact (720 ILCS § 12-3, 2011). It is this element of the crime that distinguishes assault from beatings, although a person can be punished for both crimes if the separate acts are supported by good intentions. The defendant may touch the victim with a tool, such as shooting the victim with a gun, or hitting the victim with a thrown object, such as a rock or a bottle. The defendant may also touch the victim with a vehicle, knife or object, such as spitting on the victim or spraying the victim with a hose.
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Recall from Chapter 1 "Introduction to Criminal Law" the example where Chris, a newly hired employee at McDonald's, spills steaming hot coffee into the hands of his customer Geoff. Even though Chris didn't touch Geoff with any part of his body, he did pour in an unlawful touch substance
The element of criminal intent required for batteries varies depending on jurisdiction. In the early common law, the battery is intentional or knowing touch. Many states follow a common law approach and require specific or intentional intent, or general or knowing 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 lethal weapon. The Model Penal Code requires intentionally, knowingly or recklessly causing bodily harm to another person, or negligently causing "bodily injury to another person by means of a lethal weapon" (Model Penal Code § 211.1(1) (b)). If the intention is negligent
See an example with Chris and Geoff in Section 10 "Battery Action Examples". Assuming that Chris pours hot coffee into Geoff's hand occurs when Chris tries to multitask and hands over money at the same time he pours the coffee. Chris' act of physically touching Geoff with hot coffee may be underpinned by negligent intent as Chris is a new employee and may not be aware of the risks of spilling coffee while multitasking. If the circumstances in which Chris' spill occurred did not include negligent intent in his battery laws, Chris probably would have
, Chris will not be charged unless the coffee has badly burned Geoff's hand; hot coffee cannot kill and probably would not be considered a lethal weapon.
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A required officer condition element for batteries in most jurisdictions is that contact occurs without casualty
. Therefore, victim consent can serve as a failure of proof or affirmative defense in some factual situations.
Recall from Chapter 5 "Criminal Defense, Part 1" the instance where Allen tackles Brett during a high school football game, causing Brett to suffer serious injuries. Although Allen intentionally touched Brett, and the result was serious bodily injury, Brett consented to the touch by voluntarily participating in sporting events where physical contact occurs.
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. The element of circumstance accompanying the battery is therefore absent and Allen cannot be prosecuted for this offence.
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Apart from consent, there are also justifications and reasons for defending against battery which are discussed in detail in Chapter 5 “Criminal Defense, Part 1” and Chapter 6 “Criminal Defense, Part 2”. To summarize and review, the justifications for battery defense are self-defense, defense of property and residence, and lawful arrest of a criminal. The pretext defense for battery that Chapter 6 “Criminal Defense, Part 2” explores is the insanity defense. Another defense reason for the battery is
Children by parents which are generally governed by law and vary from state to state (Kidjacked.com, 2011).
The criminal act of the defendant must be the actual and lawful cause of the damages, which is defined in Section 10 "Battery Damage".
Contact (720 ILCS § 12-3, 2011). Some jurisdictions require actual injury to the victim (Ala. Code § 13A-6-21, 2011). The severity of the injury can improve the assessment, as discussed in Section 10 "Battery Assessment".
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See the example in Section 10 "Battery Action Examples" where Chris pours hot coffee into Geoff's hand. If Chris and Geoff needed
To the victim as a dangerous element of battery, Chris will not be charged for this offense unless the hot coffee cuts Geoff's hand. If Chris and Geoff were in a situation where there was a possibility of danger
Contact, Chris may be charged or grounded as long as an element of intent for the battery is present, as discussed in Section 10 “Intentions for Batteries”.
In the early common law, battery is a misdemeanor. The Model Penal Code considers beating (so-called simple assault) to be a misdemeanor unless "it was committed in a fight or a fight was committed by mutual consent, in which case it is a misdemeanor" (Model Penal Code § 211.1(1)). Value Model Criminal Code
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Battery (so-called aggravated assault), namely battery causing serious bodily injury or bodily injury caused by a lethal weapon, as a second or third degree crime (Model Penal Code § 211.1(2)). Many states follow the Model Penal Code approach by judging battery for causing trespass or emotional injury as a misdemeanor (720 ILCS § 12-3, 2011) and battery for causing bodily harm as a misdemeanor or felony (720 ILCS §12-4, 2011) . In addition, batteries that are supported by higher levels of intent—such as intent to cause serious bodily harm or intent to injure or damage the body—are often rated higher (Ala. Code § 13A-6-20, 2011). Other factors that can worsen battery life are use of weapons (UU R.I. Gen. § 11-5-2, 2011), use of batteries during the commission or attempt to commit a serious or violent crime (Ala. Code § 13A - 6-20, 2011), disability of the victim (Wis. Stat § 940.16(6), 2011), and beating of a teacher (Wis. Stat. § 940.16(5), 2011) or law enforcement personnel (Wis. Stat .§ 940.20(2 ), 2011) .
Assault is a crime that has elements of criminal action and intent. Certain attack types also have an element of cause and harm, as discussed in Section 10 "Threatened Battery Attack".
Two types of attacks are recognized. In some jurisdictions, the attack was a battery attempt. In other jurisdictions, assault is threatened with battery. The Model Penal Code punishes attempted beatings and aggravated assault (Model Penal Code § 211.1). The elements of both attack types are discussed in Section 10 "Battery Tests and Threatened Battery Attacks".
An attempted battery attack is an attack that has every element of the battery except physical contact. The element of attempted beating is a criminal act supported by malicious intent. There is no need for cause or loss due
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Crime has no hazard requirement. While attempted battery assault should allow the same consent defense as battery, this is not as common with assault as it is with battery, so most laws lack the element of circumstance accompanying a lack of consent by the victim.
To make physical contact with the victim but failed for some reason. This could be a thrown object that never hits its target, a stray shot or a blow that misses the target. In some states, the accused must have the current ability to cause harmful or offensive physical contact, even if that contact never occurred (Cal. Penal Code § 240, 2011). Current ability requirements are simply an extension of the rules that criminal courts must extend beyond mere preparation. In most jurisdictions, the elements of a crime are measured by the Model Penal Code principal measures test described in detail in Chapter 7 “Parties to Crime” (Commonwealth v. Matthews, 2011). In summary, the substantial step test requires that the defendant takes substantial steps toward settling the battery, and that the defendant's actions must strongly support the defendant's criminal intent (Model Penal Code § 5.01).
Diana pulled a gun on her ex-boyfriend Dan, said, "Prepare to die, Dan," and pulled the trigger. Luckily for Dan, the gun was out of action and didn't fire. Diana may have tried using the battery. Diana took every step necessary to finish off 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 has the ability to shoot Dan because her gun is loaded. Therefore Diana can be prosecuted and punished for committing a crime
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