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As a successor to the common law crime of mayhem, this is sometimes subsumed in the definition of assault. In Florida, aggravated battery is the intentional infliction of great bodily harm and is a second-degree felony, [14] whereas battery that unintentionally causes great bodily harm is considered a third-degree felony. [15]
[9] [10] The result is that in many of these jurisdictions, assault has taken on a definition that is more in line with the traditional definition of battery. The legal systems of civil law and Scots law have never distinguished assault from battery. Legal systems generally acknowledge that assaults can vary greatly in severity. [11]
There also exist alternative forms of aggravated assault in English law, for example: assault or battery with intent to resist arrest (as above, the arrest must be lawful); and assault on, resistance to, and obstruction of constables. [55] Under the Crime and Disorder Act 1998, it is also possible to commit a racially aggravated assault. This ...
Battery is aggravated when using a weapon or dangerous object, when it results in disfigurement or serious physical injury. Assault and battery are classified as aggravated when directed towards a person with special status such as a law enforcement officer or elderly person. Assault becomes aggravated given the intention to murder or rape.
Aggravated assault, for example, is usually differentiated from simple assault by the offender's intent (e.g., to murder or to rape), the extent of injury to the victim, or the use of a deadly weapon. An aggravating circumstance is a kind of attendant circumstance and the opposite of an extenuating or mitigating circumstance, which decreases guilt.
Additional charges in the 10-count indictment include aggravated battery, kidnapping with bodily injury, aggravated assault with intent to rape, obstructing or hindering a person making an ...
Mutual combat, or consent to do battle, is an affirmative defense in assault and aggravated assault cases in the Lone Star State. Washington is the only other state in the union that allows this .
And it is then possible to consider degrees and aggravations, and distinguish between intentional actions (e.g., assault) and criminal negligence (e.g., criminal endangerment). Offences against the person are usually taken to comprise: Fatal offences Murder; Manslaughter; Non-fatal non-sexual offences Assault, or common assault; Battery, or ...
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