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* This definition is derived from torts, but is recognized now in many jurisdictions as an alternative definition of criminal assault. ** Something is aggravated by being made a more serious crime
Aggravated Assault with a Deadly Weapon State v. Jimmerson (WA, 1980) I didnt intend to run down those cops, I just wanted to splash them with slush P the car was the deadly weapon; wanted to kill the cops. Charged w/ 1 assault reduced to 2. wanted an instruction on simple assault
Ct NO. Either you intended to hit them w/ the car (1 or 2 assault) or you didnt (no assault). There is no simple assault here. Simple Assault. attempt w/ unlawful force, to inflict bodily injury on another, accompanied w/ apparent present ability to give effect to that attempt if not prevented.
Common Law Battery Distinctions went w/ #1 - Traditional CL Attempted Battery. US v. Bell (7th Cir, 1974) (Illinois) Argues that he didnt rape the geriatric mental MPC SENTENCING GUIDELINES 211.1 patient b/c she couldnt understand what was Simple assault misdemeanor; if mutually happening no apprehension. consensual fight petty misdemeanor Ct Nope. 2 kinds of criminal assault: (1) Aggravated Assault (2)(a) 2 felony; attempted battery & (2) an act putting another (2)(b) 3 felony in reasonable apprehension of bodily harm. Ct bodily injury means physical pain, illness or any impairment of physical condition; serious bodily injury means bodily injury, which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.