At early common law, battery was a misdemeanor. The Model Penal Code grades battery (called simple assault) as a misdemeanor unless “committed in a fight or scuffle entered into by mutual consent, in which case it is a petty misdemeanor” (Model Penal Code § 211.1(1)). The Model Penal Code grades aggravated battery (called aggravated assault), which is battery that causes serious bodily injury or bodily injury caused by a deadly weapon, as a felony of the second or third degree (Model Penal Code § 211.1(2)). Many states follow the Model Penal Code approach by grading battery that causes offense or emotional injury as a misdemeanor 1 and battery that causes bodily injury as a gross misdemeanor or a felony. 2 In addition, battery supported by a higher level of intent—such as intent to cause serious bodily injury or intent to maim or disfigure—is often graded higher. 3 Other factors that can aggravate battery grading are the use of a weapon, 4 the commission of battery during the commission or attempted commission of a serious or violent felony, 5 the helplessness of the victim, 6 and battery against a teacher 7 or law enforcement officer. 8
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