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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
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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)
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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
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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
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NEW YORK
ASSAULT-1
- Assault-2, plus
- use of a WEAPON
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NEW YORK
ASSAULT-3
- Intentionally causing
- PHYSICAL INJURY
- to another person
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NEW YORK
MENACING
An "attempted" assault in NY. Merely creating a "reasonable apprehension" WITHOUT an intent to actually injure
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