Assault - Revision history

IBJadmin at 08:27, 4 April 2013

2013-04-04T08:27:45Z

← Older revision		Revision as of 10:27, 4 April 2013
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			{{Languages\|Assault}}

	==Background==		==Background==

Durankar: /* Model Penal Code */

2011-01-21T10:06:46Z

Model Penal Code

← Older revision		Revision as of 12:06, 21 January 2011
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	==Model Penal Code==		==Model Penal Code==

	The Model Penal Code (MPC) § 211.1 separates assault into two general categories: simple assault and aggravated assault.		The Model Penal Code (MPC) § 211.1 separates assault into two general categories: simple assault and aggravated assault:

	<blockquote>(1) Simple assault: a person is guilty of simple assault if he:		<blockquote>(1) Simple assault: a person is guilty of simple assault if he:

Durankar: /* Model Penal Code */

2011-01-21T10:06:16Z

Model Penal Code

← Older revision		Revision as of 12:06, 21 January 2011
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	The Model Penal Code (MPC) § 211.1 separates assault into two general categories: simple assault and aggravated assault.		The Model Penal Code (MPC) § 211.1 separates assault into two general categories: simple assault and aggravated assault.

	(1) Simple assault: a person is guilty of simple assault if he:		<blockquote>(1) Simple assault: a person is guilty of simple assault if he:

	*(a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or		*(a) attempts to cause or purposely, knowingly or recklessly causes bodily injury to another; or
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	*(b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.		*(b) attempts to cause or purposely or knowingly causes bodily injury to another with a deadly weapon.

	Aggravated assault under section (a) is categorized as a felony of the second degree whereas assault under (b) qualifies as a felony of the third degree.		Aggravated assault under section (a) is categorized as a felony of the second degree whereas assault under (b) qualifies as a felony of the third degree.</blockquote>

	==Variation by Jurisdiction==		==Variation by Jurisdiction==

Ibjadmin: /* Foreign Codes */

2011-01-17T10:37:13Z

Foreign Codes

← Older revision		Revision as of 12:37, 17 January 2011
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	Under the German Criminal Code, there is no one article that directly addresses assault in the general sense. Instead, the Code includes assaults within the realm of punishable insults (section 185) and causation of bodily harm (section 223).<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref> Sections 177 and 178, however, do directly address sexual assault and [[rape]].<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>		Under the German Criminal Code, there is no one article that directly addresses assault in the general sense. Instead, the Code includes assaults within the realm of punishable insults (section 185) and causation of bodily harm (section 223).<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref> Sections 177 and 178, however, do directly address sexual assault and [[rape]].<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>

			----
			See [[Crimes]]

			==Notes==
	<references>		<references>

Nsun2010: /* Variation by Jurisdiction */

2011-01-13T00:58:16Z

Variation by Jurisdiction

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	'''California'''		'''California'''

	Under Chapter 9 of the California Penal Code, assault is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.<ref>CA Penal Code, Chapter 9 § 240</ref> Rather than separating the crimes of assault into degrees like the NY Penal Code, the CA Penal Code delineates specific types of assaults, such as assault by caustic chemicals and assault with a deadly weapon.<ref> CA Penal Code, Chapter 9 §§ 244-245</ref>		Under Title 8, Chapter 9 of the California Penal Code, assault is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.<ref>CA Penal Code, Chapter 9 § 240</ref> Rather than separating the crimes of assault into degrees like the NY Penal Code, the CA Penal Code delineates specific types of assaults, such as assault by caustic chemicals and assault with a deadly weapon.<ref> CA Penal Code, Chapter 9 §§ 244-245</ref>

	==Common Defenses==		==Common Defenses==

Nsun2010: /* Foreign Codes */

2011-01-10T16:07:55Z

Foreign Codes

← Older revision		Revision as of 18:07, 10 January 2011
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	The Penal Code also outlines specific types of assault in sections 352-358, including assault with intent to dishonor a person, assault within an attempt to commit theft of property, and assault on grave provocation.<ref>http://www.vakilno1.com/bareacts/indianpenalcode/indianpenalcode2.htm</ref>		The Penal Code also outlines specific types of assault in sections 352-358, including assault with intent to dishonor a person, assault within an attempt to commit theft of property, and assault on grave provocation.<ref>http://www.vakilno1.com/bareacts/indianpenalcode/indianpenalcode2.htm</ref>


	'''Germany'''		'''Germany'''

	Under the German Criminal Code, there is no one article that directly addresses assault in the general sense. Instead, the Code includes assaults within the realm of punishable insults (section 185) and causation of bodily harm (section 223).<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref> Sections 177 and 178, however, do directly address sexual assault and [[rape]].<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>		Under the German Criminal Code, there is no one article that directly addresses assault in the general sense. Instead, the Code includes assaults within the realm of punishable insults (section 185) and causation of bodily harm (section 223).<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref> Sections 177 and 178, however, do directly address sexual assault and [[rape]].<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>



	<references>		<references>

Nsun2010: /* Background */

2011-01-10T16:07:26Z

Background

← Older revision		Revision as of 18:07, 10 January 2011
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	==Background==		==Background==

	Black's Law dictionary defines criminal and tortious assault as "the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting another person in reasonable fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat to commit a battery." Assault is a very broad crime and there are various forms of assault, including (but not limited to) civil assault, assault by contact, sexual assault, simple assault, and aggravated assault. Though nowadays it is common to use the term "assault and battery" as if it were one crime, the terms are separate and distinct legal concepts.<ref>Mary G. Leary, Criminal Defense: Assault and Battery Cases, American Jurisprudence Trials Database (2010)</ref> Assault refers specifically to demonstration of an unlawful intent to inflict immediate injury of offensive contact on another, whereas battery involves the actual act of contact with another. Thus, assault is the beginning of the act which, if consummated, results in battery.<ref>Mary G. Leary, Criminal Defense: Assault and Battery Cases, American Jurisprudence Trials Database (2010)</ref>		Black's Law dictionary defines criminal and tortious assault as "the threat or use of force on another that causes that person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting another person in reasonable fear or apprehension of an immediate [[battery]] by means of an act amounting to an attempt or threat to commit a battery." Assault is a very broad crime and there are various forms of assault, including (but not limited to) civil assault, assault by contact, sexual assault, simple assault, and aggravated assault. Though nowadays it is common to use the term "assault and battery" as if it were one crime, the terms are separate and distinct legal concepts.<ref>Mary G. Leary, Criminal Defense: Assault and Battery Cases, American Jurisprudence Trials Database (2010)</ref> Assault refers specifically to demonstration of an unlawful intent to inflict immediate injury of offensive contact on another, whereas battery involves the actual act of contact with another. Thus, assault is the beginning of the act which, if consummated, results in battery.<ref>Mary G. Leary, Criminal Defense: Assault and Battery Cases, American Jurisprudence Trials Database (2010)</ref>

	==Model Penal Code==		==Model Penal Code==

Nsun2010: /* Foreign Codes */

2011-01-10T16:06:44Z

Foreign Codes

← Older revision		Revision as of 18:06, 10 January 2011
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	The Penal Code also outlines specific types of assault in sections 352-358, including assault with intent to dishonor a person, assault within an attempt to commit theft of property, and assault on grave provocation.<ref>http://www.vakilno1.com/bareacts/indianpenalcode/indianpenalcode2.htm</ref>		The Penal Code also outlines specific types of assault in sections 352-358, including assault with intent to dishonor a person, assault within an attempt to commit theft of property, and assault on grave provocation.<ref>http://www.vakilno1.com/bareacts/indianpenalcode/indianpenalcode2.htm</ref>


			'''Germany'''

			Under the German Criminal Code, there is no one article that directly addresses assault in the general sense. Instead, the Code includes assaults within the realm of punishable insults (section 185) and causation of bodily harm (section 223).<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref> Sections 177 and 178, however, do directly address sexual assault and [[rape]].<ref>http://www.gesetze-im-internet.de/englisch_stgb/englisch_stgb.html</ref>

	<references>		<references>

Nsun2010: /* Variation by Jurisdiction */

2011-01-10T14:42:13Z

Variation by Jurisdiction

← Older revision		Revision as of 16:42, 10 January 2011
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	==Variation by Jurisdiction==		==Variation by Jurisdiction==

	New York		'''New York'''

	The New York Penal Code divides assault into three degrees of offenses (third, second, and first degree assaults). The NY Code also provides for aggravated assaults and variations thereof of the different assault types (i.e. reckless, vehicular, and gang assault). The categorization range from class A misdemeanor to class B felony.<ref> NY Penal Code, Chapter 40 § 120</ref>		The New York Penal Code divides assault into three degrees of offenses (third, second, and first degree assaults). The NY Code also provides for aggravated assaults and variations thereof of the different assault types (i.e. reckless, vehicular, and gang assault). The categorization range from class A misdemeanor to class B felony.<ref> NY Penal Code, Chapter 40 § 120</ref>

	California		'''California'''

	Under Chapter 9 of the California Penal Code, assault is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.<ref>CA Penal Code, Chapter 9 § 240</ref> Rather than separating the crimes of assault into degrees like the NY Penal Code, the CA Penal Code delineates specific types of assaults, such as assault by caustic chemicals and assault with a deadly weapon.<ref> CA Penal Code, Chapter 9 §§ 244-245</ref>		Under Chapter 9 of the California Penal Code, assault is defined as an unlawful attempt, coupled with a present ability, to commit a violent injury on another person.<ref>CA Penal Code, Chapter 9 § 240</ref> Rather than separating the crimes of assault into degrees like the NY Penal Code, the CA Penal Code delineates specific types of assaults, such as assault by caustic chemicals and assault with a deadly weapon.<ref> CA Penal Code, Chapter 9 §§ 244-245</ref>

Nsun2010: /* Foreign Codes */

2011-01-10T14:41:47Z

Foreign Codes

← Older revision		Revision as of 16:41, 10 January 2011
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	==Foreign Codes==		==Foreign Codes==

	India		'''India'''

	Section 351 of the Indian Penal Code (1860) is the general assault provision:		Section 351 of the Indian Penal Code (1860) is the general assault provision: