 the attempt to cause bodily injury  purposely or recklessly causing bodily injury  negligently causing bodily injury Examples…  Pushing, Punching,

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Presentation transcript:

 the attempt to cause bodily injury  purposely or recklessly causing bodily injury  negligently causing bodily injury Examples…  Pushing, Punching, Kicking, Bodily Fluids Obj: To gain a better understanding of crimes of threat and violence

 attempts to cause serious bodily injury  causes serious bodily injury  attempt or cause bodily injury with a deadly weapon Examples…  martial arts, use of a weapon (real or not), police officers Obj: To gain a better understanding of crimes of threat and violence

 battery is the willful or intentional touching of a person against that person’s will by another person, or by an object or substance put in motion by that other person.  Please note that an offensive touching can constitute a battery even if it does not cause injury, and could not reasonably be expected to cause injury. Example: poking in the chest with your index finger to emphasize a point may be culpable for battery (although the damages award that results may well be nominal). A defendant who spits on a plaintiff, even though there is little chance that the spitting will cause any injury other than to the plaintiff's dignity, has committed a battery. Obj: To gain a better understanding of crimes of threat and violence

 In the context of criminal law, "assault and battery" are typically components of a single offense.  In tort law, "assault" and "battery" are separate,  an assault being an act which creates fear  battery being an unlawful touching.  Assault and battery are intentional torts, meaning that the defendant actually intends to put the plaintiff in fear of being battered, or intends to wrongfully touch the plaintiff. Obj: To gain a better understanding of crimes of threat and violence

The offering, giving, or enticing one to take a substance to be consumed, which is poisonous, intoxicating, disorienting, without the knowledge of the other person. Obj: To gain a better understanding of crimes of threat and violence

Stalking Knowingly engaging in a course of conduct directed at a person, that would cause a reasonable person to fear bodily injury for him/herself or the family members Phone Harassment considered a “petty disorderly persons offense.” A person can be convicted if he repeatedly makes telephone calls at inappropriate hours (very late at night or early in the morning), talks to the victim or leaves messages using “offensively coarse language,” or uses the telephone to make any other “annoying or alarming” communication. Telephone harassment is a more severe offense, elevated to a fourth degree felony if the harasser was in prison or on probation while making the harassing telephone calls. Obj: To gain a better understanding of crimes of threat and violence

 Second-Degree Aggravated Assault Penalties  If the defendant is found guilty of inflicting serious bodily injury, the assault is a second-degree aggravated assault crime subject to 5 to 10 years in prison and a fine of up to $150,000. Also, if the assault occurred while eluding an officer then you can be charged with 2nd degree aggravated assault.  A Second-Degree aggravated assault conviction invokes a No Early Release (NERA) provision that requires that 85% of the prison sentence must be served before an individual is eligible for parole.  Third-Degree Aggravated Assault Penalties  If a defendant is convicted of 3rd-Degree aggravated assault, they can be sentenced to 3-5 years in prison and be fined up to $15,000.  Fourth -Degree Aggravated Assault Penalties  If a defendant is convicted of 4th Degree Aggravated assault, they can be sentenced to up to 18 months in prison and fined up to $10,000. Obj: To gain a better understanding of crimes of threat and violence