LEARNING OBJECTIVES
- Define the criminal act element required for battery.
- Define the criminal intent element required for battery.
- Define the attendant circumstance element required for battery.
- Define the harm element required for battery.
- Analyze battery grading.
- Distinguish between attempted battery and threatened battery assault.
- Define the elements of attempted battery assault.
- Define the elements of threatened battery assault.
- Analyze assault grading.
Assault and battery are two crimes that are often prosecuted together, yet they are separate offenses with different elements. Although modern jurisdictions frequently combine assault and battery into one statute called assault, the offenses are still distinct and are often graded differently. The Model Penal Code calls both crimes assault, simple and aggravated (Model Penal Code § 211.1). However, the Model Penal Code does not distinguish between assault and battery for grading purposes. This section reviews the elements of both crimes, including potential defenses.
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