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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?

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.

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

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.

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

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.

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.