Crimes Against the Person: Assault/Battery/Mayhem

Question 1

What are the elements of “Battery”?

Answer 1

1. UNLAWFUL APPLICATION of FORCE to the person;
2. resulting in EITHER:
   (i) bodily injury; or
   (ii) offensive touching

NOTE –> this is “simple battery” (a misdemeanor)

NOTE –> need not be intentional

Question 2

With regards to “battery,” does it need to be intentional?

Answer 2

No.

It can be but need not be

Question 3

With regards to “battery,” does the force need to be DIRECTLY APPLIED?

Answer 3

No.

Example –> siccing a dog on someone can be a battery

Question 4

What is the rule with regards to battery and consent as a defense?

Answer 4

Some jdxns recognize consent as a defense to SIMPLE battery

Question 5

What are the elements of “aggravated battery”?

Answer 5

Most jdxns recognize the following as aggravated battery:

1. battery with DEADLY WEAPON;
2. battery resulting in SERIOUS BODILY HARM;
3. battery of CHILD/WOMAN/POLICE OFFICER

NOTE –> aggravated battery is usually a felony

Question 6

What are the elements of “assault”?

Answer 6

Either:
1. a ATTEMPTED battery; OR

2. The INTENTIONAL CREATION, other than by mere words, of a REASONABLE APPREHENSION of IMMINENT BODILY HARM

NOTE –> this is simple assault

NOTE –> if there has been ACTUAL TOUCHING of the victim, it will be battery, not assault

NOTE –> some states have eliminated the word battery. In these states, a battery is a type of assault.

Question 7

What is an aggravated assault?

Answer 7

Assault with deadly weapon or with intent to rape or maim

Question 8

What is “mayhem”?

Answer 8

At common law –> dismemberment or disablement of body part

Modern trend –> mayhem is abolished a separate offense and treated a form of AGGRAVATED BATTERY