Crimes Against the Person (Non-Homicide) Flashcards

Dan recklessly swings a baseball bat in a crowded bar to show off and strikes Vic in the arm. Dan did not intend to hit anyone. Is Dan guilty of battery?

Answer: Yes, because battery may be committed with criminal negligence or recklessness

Battery is a general intent crime that may be satisfied by reckless or criminally negligent conduct causing an unlawful touching.

Dan swings a fist at Vic, who is sound asleep, and misses. Vic never wakes up. Which crime has Dan most likely committed?

Answer: Assault of the attempted-battery type

Attempted-battery assault requires no victim awareness, only an intent to commit battery and a substantial step toward it.

During a heated argument, Dan clenches his fist and says, "If you weren't my brother, I'd knock you out right now." Has Dan committed assault?

Answer: No, because the words negated any threat of imminent harm

Words accompanying a gesture can negate the imminence required for apprehension-type assault.

Dan points an unloaded gun at Vic, who reasonably believes it is loaded and is terrified. Under the majority view, Dan is guilty of:

Answer: Assault, under the intent-to-frighten theory

Intentionally placing a victim in reasonable apprehension of imminent bodily harm is assault even without present ability.

In a fight, Dan intentionally bites off part of Vic's ear. Which crime best describes Dan's conduct at common law?

Answer: Mayhem

Common law mayhem is the malicious dismemberment or disablement of a bodily member, which includes permanent disfigurement in modern law.

Two amateur boxers fight in a sanctioned match, and one breaks the other's nose with a legal punch. Is the puncher guilty of battery?

Answer: No, because consent to contact within the rules of a lawful sport is a valid defense

Consent is a defense to battery when the contact occurs within the foreseeable rules of a lawful sporting event.

Which of the following would most likely elevate a simple battery to aggravated battery under modern statutes?

Answer: The defendant used a deadly weapon

Use of a deadly weapon, serious bodily injury, or a protected victim class typically aggravates battery.