Short Paper #2: Felonies and Misdemeanors
PA260: Criminal Law
Prof: Edward Romano
There are many things in considering what scenario to choose. You have to consider if they think the wine bottle is a deadly weapon. I will explain what argument I will use and why I chose that argument. I will also explain why I didn’t chose the other argument. I will give you definitions of aggravated assault, aggravated battery, simple assault and simple battery.
I would not chose argument number 2 Sharon should not be charged with aggravated assault and battery, but only simple assault and battery, since no deadly weapon was used. The reason I would chose this argument is ...view middle of the document...
A weapon is considered dangerous whenever the purpose for using it is to cause death or serious harm. State statutes define aggravated battery in various ways—such as assault with intent to kill. Under such statutes, assault means both battery and assault. It is punishable as a felony in all states (1981-2005 by Gerald N. Hill and Kathleen T. Hill). The charges of aggravated assault and aggravated battery are felonies.
Here are the definitions of simple assault and simple battery. Simple assault is an attempt to do a serious bodily harm to another person, or actually committing an act to put another in fear of serious bodily injury. The definition of the term varies from state to state. Simple assault is usually classified as a misdemeanor (2001-2014 US Legal, Inc.). A simple battery occurs when a person makes intentional contact of an insulting or provoking nature with the person of another; or cause intentional harm to another (2001-2014 US Legal, Inc.). The charges of simple assault and simple battery are considered misdemeanors. The definition of assault is the threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. In some states if the assault is with a deadly weapon (such as sniping with a rifle), the intended victim does not need to know of the peril. Other state laws distinguish between different degrees (first or second) of assault depending on whether there is actual hitting, injury or just a threat. "Aggravated assault" is an attack connected with the commission of another crime, such as beating a clerk during a robbery. 2) n. the act of committing an assault, as in...