Criminal Law Argument One: Sharon Term Paper

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To distinguish battery from assault, the major deciding factor is whether there has been an actual touching of the victim. If so, the crime can only be battery. However, if there has been no such touching, then the act may or may not constitute an assault, depending on the circumstances and the wording of the law.

All jurisdictions include certain aggravating factors that raise a simple assault to an aggravated assault, which are typically felonies. These aggravating circumstances include using a dangerous or deadly weapon and/or having the intent to rape, maim or murder the victim.

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An example of an aggravated assault, which is a felony, would be if Jack threatened to hit John with a baseball bat and came swinging at him. In the case at hand, if Sharon had missed her husband, her act would most likely be held as an aggravated assault. However, once the contact or offensive touching occurs, the act becomes a one of battery......

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"Criminal Law Argument One Sharon" (2007, April 30) Retrieved May 1, 2024, from
https://www.aceyourpaper.com/essays/criminal-law-argument-one-sharon-38071

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"Criminal Law Argument One Sharon" 30 April 2007. Web.1 May. 2024. <
https://www.aceyourpaper.com/essays/criminal-law-argument-one-sharon-38071>

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"Criminal Law Argument One Sharon", 30 April 2007, Accessed.1 May. 2024,
https://www.aceyourpaper.com/essays/criminal-law-argument-one-sharon-38071
   

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