Criminal Law Chapter 11
-under common law assault and battery were separate crimes; today the are
sometimes the same offense → assault and battery
-assault= an attempt to commit battery, an attempt to strike; need to show fear/ the victim must
be apprehensive of impending harm
→ simple assault = misdemeanor; assault with a deadly weapon = felony; it is
judge’s job (as trier of law) to determine if defendant armed, it is jury’s duty (as
triers of fact) to determine if weapon is dangerous or deadly
-State v Zangrilli: body parts, hands in this case, can be deadly weapon, assault with deadly
weapon on his ex-wife
-aggravated assault= made more serious by presence of firearm or as part of intent to commit
felony
-battery= successful assault, victim is intentionally struck by the defendant (defendant does not
have to see it coming, a hit is a hit regardless)
-aggravated battery= battery causes serious bodily injury or it is committed with deadly weapon
-mayhem and malicious disfigurement= willfully inflicting an injury on another so as to cripple or
mutilate the person
-jostling laws for subways in NYC to help prevent pickpocketing
-medical battery; doctor does something without patient’s consent
-before sexual assault and sexual battery, offensive touching was charged as assault or battery
-People v Margiolas: rape case dropped because of lack of resistance
-voluntary participant applies to sports, not battery or assault, unless beyond rules of the game
-if conduct provoked or intended to → disorderly conduct
-menacing= intentionally or attempting to place another in fear of immediate serious physical
injury (can’t be just a look)
-hate crime if it can be proved that defendant chose victim based on race, sexual orientation,
religion, etc
-Matthew Shephard and James Byrd Jr Hate Crime Prevention Act
-under common law assault and battery were separate crimes; today the are
sometimes the same offense → assault and battery
-assault= an attempt to commit battery, an attempt to strike; need to show fear/ the victim must
be apprehensive of impending harm
→ simple assault = misdemeanor; assault with a deadly weapon = felony; it is
judge’s job (as trier of law) to determine if defendant armed, it is jury’s duty (as
triers of fact) to determine if weapon is dangerous or deadly
-State v Zangrilli: body parts, hands in this case, can be deadly weapon, assault with deadly
weapon on his ex-wife
-aggravated assault= made more serious by presence of firearm or as part of intent to commit
felony
-battery= successful assault, victim is intentionally struck by the defendant (defendant does not
have to see it coming, a hit is a hit regardless)
-aggravated battery= battery causes serious bodily injury or it is committed with deadly weapon
-mayhem and malicious disfigurement= willfully inflicting an injury on another so as to cripple or
mutilate the person
-jostling laws for subways in NYC to help prevent pickpocketing
-medical battery; doctor does something without patient’s consent
-before sexual assault and sexual battery, offensive touching was charged as assault or battery
-People v Margiolas: rape case dropped because of lack of resistance
-voluntary participant applies to sports, not battery or assault, unless beyond rules of the game
-if conduct provoked or intended to → disorderly conduct
-menacing= intentionally or attempting to place another in fear of immediate serious physical
injury (can’t be just a look)
-hate crime if it can be proved that defendant chose victim based on race, sexual orientation,
religion, etc
-Matthew Shephard and James Byrd Jr Hate Crime Prevention Act
