Assault w/intent to commit battery

Discussions related to the bar exam are found in this forum
Itwasascam

New
Posts: 34
Joined: Wed Jun 20, 2018 1:29 pm

Assault w/intent to commit battery

Postby Itwasascam » Mon Jul 16, 2018 3:52 pm

Since this is a specific intent crime, if theres a mistake of fact are you completly off or is there transferred intent

A sees who he thinks is B walking down the street

A punches him but misses

Turns out it was C

What can A be charged with?

estefanchanning

Bronze
Posts: 272
Joined: Sat Mar 19, 2016 12:22 pm

Re: Assault w/intent to commit battery

Postby estefanchanning » Mon Jul 16, 2018 4:06 pm

Itwasascam wrote:Since this is a specific intent crime, if theres a mistake of fact are you completly off or is there transferred intent

A sees who he thinks is B walking down the street

A punches him but misses

Turns out it was C

What can A be charged with?


Huh? What's "assault with intent to commit battery"? There's no such thing. But what you described would be considered a battery, no need for 'transferred intent' because battery is a general intent crime. It would be transferred intent if X intends to hit Y, but misses and hits Z.

Itwasascam

New
Posts: 34
Joined: Wed Jun 20, 2018 1:29 pm

Re: Assault w/intent to commit battery

Postby Itwasascam » Mon Jul 16, 2018 4:42 pm

estefanchanning wrote:
Itwasascam wrote:Since this is a specific intent crime, if theres a mistake of fact are you completly off or is there transferred intent

A sees who he thinks is B walking down the street

A punches him but misses

Turns out it was C

What can A be charged with?


Huh? What's "assault with intent to commit battery"? There's no such thing. But what you described would be considered a battery, no need for 'transferred intent' because battery is a general intent crime. It would be transferred intent if X intends to hit Y, but misses and hits Z.


It’s not battery because A doesn’t hit anyone.

I got assault with intent to commit battery from thanks

estefanchanning

Bronze
Posts: 272
Joined: Sat Mar 19, 2016 12:22 pm

Re: Assault w/intent to commit battery

Postby estefanchanning » Mon Jul 16, 2018 4:45 pm

Itwasascam wrote:
estefanchanning wrote:
Itwasascam wrote:Since this is a specific intent crime, if theres a mistake of fact are you completly off or is there transferred intent

A sees who he thinks is B walking down the street

A punches him but misses

Turns out it was C

What can A be charged with?


Huh? What's "assault with intent to commit battery"? There's no such thing. But what you described would be considered a battery, no need for 'transferred intent' because battery is a general intent crime. It would be transferred intent if X intends to hit Y, but misses and hits Z.


It’s not battery because A doesn’t hit anyone.

I got assault with intent to commit battery from thanks



Sorry, I misread your question. Yes it's not battery, but it's also not assault because from the facts it doesn't seem that A was aware he was about to be hit? I'm also still certain that "assault with intent to commit battery" is not a thing. The fact that you had intent to commit battery has no bearing on your culpability for assault.

Itwasascam

New
Posts: 34
Joined: Wed Jun 20, 2018 1:29 pm

Re: Assault w/intent to commit battery

Postby Itwasascam » Mon Jul 16, 2018 4:55 pm

Sorry, it’s assault with attemp to commit battery, not intent

jcwest

New
Posts: 47
Joined: Sun Jul 08, 2018 2:48 am

Re: Assault w/intent to commit battery

Postby jcwest » Mon Jul 16, 2018 4:56 pm

estefanchanning wrote:
Itwasascam wrote:
estefanchanning wrote:
Itwasascam wrote:Since this is a specific intent crime, if theres a mistake of fact are you completly off or is there transferred intent

A sees who he thinks is B walking down the street

A punches him but misses

Turns out it was C

What can A be charged with?


Huh? What's "assault with intent to commit battery"? There's no such thing. But what you described would be considered a battery, no need for 'transferred intent' because battery is a general intent crime. It would be transferred intent if X intends to hit Y, but misses and hits Z.


It’s not battery because A doesn’t hit anyone.

I got assault with intent to commit battery from thanks



Sorry, I misread your question. Yes it's not battery, but it's also not assault because from the facts it doesn't seem that A was aware he was about to be hit? I'm also still certain that "assault with intent to commit battery" is not a thing. The fact that you had intent to commit battery has no bearing on your culpability for assault.
Assault with attempt to commit battery is a thing according to my outline. A specific intent crime. The defenses to which, would be either mistake of fact, no matter how unreasonable, or voluntary intoxication.

estefanchanning

Bronze
Posts: 272
Joined: Sat Mar 19, 2016 12:22 pm

Re: Assault w/intent to commit battery

Postby estefanchanning » Mon Jul 16, 2018 5:10 pm

jcwest wrote:
estefanchanning wrote:
Itwasascam wrote:
estefanchanning wrote:
Itwasascam wrote:Since this is a specific intent crime, if theres a mistake of fact are you completly off or is there transferred intent

A sees who he thinks is B walking down the street

A punches him but misses

Turns out it was C

What can A be charged with?


Huh? What's "assault with intent to commit battery"? There's no such thing. But what you described would be considered a battery, no need for 'transferred intent' because battery is a general intent crime. It would be transferred intent if X intends to hit Y, but misses and hits Z.


It’s not battery because A doesn’t hit anyone.

I got assault with intent to commit battery from thanks



Sorry, I misread your question. Yes it's not battery, but it's also not assault because from the facts it doesn't seem that A was aware he was about to be hit? I'm also still certain that "assault with intent to commit battery" is not a thing. The fact that you had intent to commit battery has no bearing on your culpability for assault.
Assault with attempt to commit battery is a thing according to my outline. A specific intent crime. The defenses to which, would be either mistake of fact, no matter how unreasonable, or voluntary intoxication.


Yes assault with attempt to commit battery is a thing, but assault with intent to commit a battery, isn't.

OP: If B was aware that A is about to hit him, then A is guilty of:

1) Assault
2) Attempted Battery

Phrasing it as "assault with intent to commit battery" or "assault with attempt to commit battery" is confusing. On essays I would phrase it as "assault and attempted battery" since the two crimes are distinct.



Return to “Bar Exam Prep and Discussion Forum?

Who is online

Users browsing this forum: White Dwarf and 16 guests