Unit 7 Felonies And Misdemeanors Analysis
Unit 7 Felonies & Misdemeanors
By: April Mectalf
August 23, 2011
Kaplan University
Professor Laura Catron
PA260
Scene
On a warm Saturday night, Sharon, a teacher in a community where her family has lived for generations, and her husband, Rich, were sitting in a local hotel restaurant. They had already consumed two bottles of wine when an argument broke out between them. One word led to another and Sharon accused Rich of having an affair with his co-worker. At that point, Rich stood up, clenched his fist and said, "I've had it with you. I'm going to shut you up right now!" Sharon then picked up the empty wine bottle and hit her husband over the head with it. Blood was everywhere. The hotel manager immediately called 911 …show more content…
for help. When the police arrived, Sharon insisted that her action was in self-defense.
Definitions:
Assault - The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack.
Battery - The actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight.
Examples:
Simple Assault – a threat combined with a raised fist.
Simple Battery (Misdemeanor) spitting in someone's face; intentionally knocking a hat off someone's head.
Aggravated Assault (Felony) - Rape.
Aggravated Battery (Felony) – Striking someone with an object.
Argument One
Sharon was intoxicated at the time of the crime. Therefore, she should not be found guilty of assault and battery.
If I were to use this defense for Sharon, the argument would fall under the men rea element of criminal activity. Personally, I don’t feel it would be a very strong defense, therefore I would have to show her blood alcohol level or some proof of how high her blood alcohol level was via her height/weight in proportion to how much alcohol was consumed. I would also need to prove that Sharon had no previous history of domestic violence.
Argument Two
Sharon should not be charged with aggravated assault and battery, but only simple assault and battery, since no deadly weapon was used.
This particular defense would not be useable on Sharon’s behalf. The consideration of a deadly weapon is not limited to things such as guns or knives, but also blunt instruments like clubs, baseball bats, monkey wrenches, an automobile or any object which actually causes death. The wine bottle Sharon used to strike her husband with could easily be considered a deadly
weapon.
By: April Mectalf
August 23, 2011
Kaplan University
Professor Laura Catron
PA260
Scene
On a warm Saturday night, Sharon, a teacher in a community where her family has lived for generations, and her husband, Rich, were sitting in a local hotel restaurant. They had already consumed two bottles of wine when an argument broke out between them. One word led to another and Sharon accused Rich of having an affair with his co-worker. At that point, Rich stood up, clenched his fist and said, "I've had it with you. I'm going to shut you up right now!" Sharon then picked up the empty wine bottle and hit her husband over the head with it. Blood was everywhere. The hotel manager immediately called 911 …show more content…
for help. When the police arrived, Sharon insisted that her action was in self-defense.
Definitions:
Assault - The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack.
Battery - The actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight.
Examples:
Simple Assault – a threat combined with a raised fist.
Simple Battery (Misdemeanor) spitting in someone's face; intentionally knocking a hat off someone's head.
Aggravated Assault (Felony) - Rape.
Aggravated Battery (Felony) – Striking someone with an object.
Argument One
Sharon was intoxicated at the time of the crime. Therefore, she should not be found guilty of assault and battery.
If I were to use this defense for Sharon, the argument would fall under the men rea element of criminal activity. Personally, I don’t feel it would be a very strong defense, therefore I would have to show her blood alcohol level or some proof of how high her blood alcohol level was via her height/weight in proportion to how much alcohol was consumed. I would also need to prove that Sharon had no previous history of domestic violence.
Argument Two
Sharon should not be charged with aggravated assault and battery, but only simple assault and battery, since no deadly weapon was used.
This particular defense would not be useable on Sharon’s behalf. The consideration of a deadly weapon is not limited to things such as guns or knives, but also blunt instruments like clubs, baseball bats, monkey wrenches, an automobile or any object which actually causes death. The wine bottle Sharon used to strike her husband with could easily be considered a deadly
weapon.