b1-66er: New crime in my books, here:
"Touch or strike battery"
Special K: Close cover before striking.
b1-66er: WHOA!
***
D4rw1n: First time I've ever heard the term. As I learned it got the bar exam, a battery is an unlawful touching, with requisite intent, without consent of the person touched. That would by definition include a strike. Also includes touching with an object (e.g., knife, bullet) or substance (e.g., spit).
Hadn't heard of this type of battery before, so I looked it up. Florida and some other jurisdictions split battery into misdemeanor battery (https://www.casemine.com/act/us/59197645add7b05bd4de2142) which is a touch or a strike, vs. felony battery, which may be charged if there is a weapon or if there is grave bodily injury.
The misdemeanor carries a maximum of 1 year imprisonment and $1,000 in fines. The felony actually has two flavors and can be $5k / 5 years or $10k / 15 years.
b1: Super interesting.
What's your guess on how many states split it out this way?
D: Probably most break it into at least two separate crimes. We learned it as one crime for the NY bar for simplicity, but I now see that NY has at least 3 versions. Kind of makes sense
b1: So how does NY split it out...
... or I guess how would common person/news moniker them.
Battery
Kinda bad battery
Mofo battery
?
D: Pretty much. Third-degree, <second?> degree, first-degree
Also, somewhat unconventionally, New York law mushes together assault and battery. Most laws consider them separate crimes (assault is the intent to cause harm coupled with some action not including a touching; battery is the unlawful touching is as outlined above). in New York, it's all called assault
b1:So...
Why would states feel it necessary to differentiate those nuances?
D: Not sure. The first reason I can think of is that while all batteries are conceptually the same, in practice it probably became quickly obvious that laying a hand on someone is not really the same crime as hitting them with a stick. So the different nuances emerged to better fit the charges to the action
I guess a secondary benefit is that the more nuances there are, the broader the range prosecutors have to offer plea bargains
***
D4rw1n: First time I've ever heard the term. As I learned it got the bar exam, a battery is an unlawful touching, with requisite intent, without consent of the person touched. That would by definition include a strike. Also includes touching with an object (e.g., knife, bullet) or substance (e.g., spit).
Hadn't heard of this type of battery before, so I looked it up. Florida and some other jurisdictions split battery into misdemeanor battery (https://www.casemine.com/act/us/59197645add7b05bd4de2142) which is a touch or a strike, vs. felony battery, which may be charged if there is a weapon or if there is grave bodily injury.
The misdemeanor carries a maximum of 1 year imprisonment and $1,000 in fines. The felony actually has two flavors and can be $5k / 5 years or $10k / 15 years.
b1: Super interesting.
What's your guess on how many states split it out this way?
D: Probably most break it into at least two separate crimes. We learned it as one crime for the NY bar for simplicity, but I now see that NY has at least 3 versions. Kind of makes sense
b1: So how does NY split it out...
... or I guess how would common person/news moniker them.
Battery
Kinda bad battery
Mofo battery
?
D: Pretty much. Third-degree, <second?> degree, first-degree
Also, somewhat unconventionally, New York law mushes together assault and battery. Most laws consider them separate crimes (assault is the intent to cause harm coupled with some action not including a touching; battery is the unlawful touching is as outlined above). in New York, it's all called assault
b1:So...
Why would states feel it necessary to differentiate those nuances?
D: Not sure. The first reason I can think of is that while all batteries are conceptually the same, in practice it probably became quickly obvious that laying a hand on someone is not really the same crime as hitting them with a stick. So the different nuances emerged to better fit the charges to the action
I guess a secondary benefit is that the more nuances there are, the broader the range prosecutors have to offer plea bargains
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