12-06-2003, 10:38 PM
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Confirmed User
Join Date: Nov 2003
Location: USA
Posts: 2,862
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Quote:
Originally posted by $5 submissions
Okay, let's look at the difference between assault and battery and then apply it to your fact pattern:
Assault is either an attempted battery (see below) or the placing of the victim in apprehension of receiving an immediate battery. ENDANGERMENT is a related offense to assault (but usually a misdemeanor) that involves recklessly endangering the safety of others.
Battery is the unlawful unconsented touching of an individual by another individual or object/apparatus/equipment connected to or under the control of such an individual.
In your case, there appears to be no Assault because 1) the attempt SUCCEEDED and 2) there are no facts to suggest that they were put in apprehension of receiving an immediate battery.
So in your case, it is battery. Now the only question is whether it is an AGGRAVATED form of battery which may result in a stiffer sentence.
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Very good. |
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