Criminal Law

Professor Steffey

Notes on Assault & Battery

ASSAULT DEFINITIONS
By the end of our study of assault and battery, you should
make sure that you can explain and apply the following
definitions. You might find it useful to annotate this list with
the cases we have read.
Assault
[1] Attempted battery. The defendant must specifically
intend to commit a battery and perform an act beyond mere
preparation. This is the traditional common law definition.
Some jurisdictions require the apparent ability to carry
out the battery.

Some jurisdictions hold that every battery includes an

assault.
[2] The defendant must intend to cause and cause
apprehension of receiving an immediate battery.
This
definition is derived from torts, but is recognized now in
many jurisdictions as an alternative and supplemental
definition of criminal assault.
Some jurisdictions require apprehension of bodily
injury or serious bodily injury.
Battery
The unlawful application of force to the person of another.
It requires a wrongful act committed with at least criminal
negligence. By statute, some jurisdictions require bodily
injury, not just an offensive touching.
Aggravated assault and battery

A statutory felony in which assault or battery is aggravated

(made a more serious crime) by one or more of the following
factors:
a more culpable state of mind (e.g. intent to kill);
an especially threatening means (e.g. a gun or other
deadly weapon);
a particularly serious result (e.g. serious physical
injury).