Battery is unlawful touching, typically with injury. Though the actus reus of battery usually requires injury,
Question:
• Battery is unlawful touching, typically with injury.
• Though the actus reus of battery usually requires injury, not all states impose this requirement.
• A threatened battery assault occurs when one person intentionally places another person in anticipation of imminent battery.
• An attempted battery assault occurs when the criminal attempts to commit the crime of battery but is unsuccessful.
• Assaults are often lumped into two categories:
simple and aggravated. Aggravated assaults, which are counted in the FBI’s crime index, are the most serious.
Questions:-
1. What is battery, and how does it differ from assault?
2. Should assault and battery be defined separately in the penal code? Why or why not?
3. Can a person be a victim of battery without an assault?
If so, explain.
Step by Step Answer: