Part 1 – Assault and Battery
The terms “assault and battery” are often used together although these are two separate crimes. An assault is defined as an action that causes a person to feel the threat of impending violence. An action such as raising a fist or moving menacingly towards the intended victim constitutes an assault, even if no physical contact has occurred. The crime of battery occurs when there is physical contact. Grabbing a person’s arm or punching or striking a person constitutes a case of battery (Baldwin, 2007).
Simple assault or battery, where there is limited threat of violence or a minor injury, is treated as a misdemeanor. Examples include a minor slap across the face or a single punch to the jaw. The crime becomes a felony assault or battery if a person is threatened with a weapon or a serious physical injury is caused. Assault or battery against elderly or disabled persons, or where there is an attempt of robbery or rape against the victim are felonies. Assault or battery on a police officer, healthcare provider or social services worker will also be charged as a felony. In some states, the use of a gun or knife during assault is treated as the more serious crime of “Aggravated Assault with a Deadly Weapon” (Baldwin, 2007).
2) In the scenario described, the man has jumped in front of (A) and dragged her into the alley. These constitute a felony assault and battery. The striking of (A) and the rip of clothes is evidence of intent to cause serious physical injury and / or an attempt at the felony crimes of robbery or rape.
3) If it is established that (A) was a sex worker and that she had offered consensual sex for a fee, the act of touching her or pulling her into the alley would not result in a charge of assault or battery. The striking of (A) and ripping her clothes would remain felony assault and battery charges.
If it is established that (A) struck the man first with a rock intending robbery and his striking (A) and the rip of her clothes were from his attempt at self-defense, the man would not face assault or battery charges.
Part 2 – False Imprisonment and Kidnapping
4) False Imprisonment is the act of intentionally restricting the freedom of movement of the other person. The three elements used in determining a charge of false imprisonment are: (Matzo, 2007)
Unlawful restraint – Any threat of force, even if it is only implied, is an element in determining whether there was unlawful restraint. Actions such as holding a person’s arm, locking him in a room or car or blocking the exit constitute unlawful restraint.
Against the person’s will – This is determined by applying a “reasonable person” standard. For example, if a woman is holding a man’s arm, it is reasonable to expect the man to be able to break free. If a person was blocking one exit but an alternative exit was available, it is reasonable to expect the victim to be able to leave.
Without legal justification – Any lawful arrest by the police is clearly permitted. In addition, a shopkeeper is permitted to detain a person suspected of theft for a reasonable amount of time. When there is voluntary consent of the detainee without duress, there is no case of false imprisonment.
In the scenario described, the man dragging (A) into the alley can be prosecuted for false imprisonment as the action constitutes unlawful restraint , is against the person’s will and is without legal justification. Even if (A) is a sex worker who changed her mind after consenting, the man can be charged with false imprisonment if he attempts to restrain her from leaving. If he has paid for the sex act and she attempts to leave before the act, the man may be justified in restraining her as an application of the shopkeeper privilege and may not be charged with false imprisonment.
5) Kidnapping is a more serious crime than false imprisonment. In a kidnapping charge, the victim must not only be confined, but in many state laws must also be moved which is referred to as “asportation”. Kidnapping charges are based on assessment of certain elements: (Saylor.org, 2010, p 437-439).
Kidnapping Act – A kidnapping charge generally requires not just in restraint but also moving the victim which is called “asportation”. Movement over a short distance may not qualify. In the scenario outlined, dragging (A) into the alley may not qualify as asportation.
Some states have done away with the requirement of asportation for a kidnapping charge. The Model Penal Code requires movement of the victim “a substantial distance from the vicinity where he is found”. However, when the kidnapping is for ransom, for the purpose of committing a felony, to inflict an injury or to terrorize the victim or another person, there is no requirement of asportation.
Kidnapping intent – The kidnapping charge also examines the criminal element behind the act. The intent to hold the victim in secret, receive a ransom, to cause a bodily injury to the victim or another person or to interfere with a government or political function are examples that can lead to the charge of kidnapping.
Attendant circumstances – The kidnapping charge also requires establishment of that the restraint or asportation occurred against the victim’s will and without his consent. If, for example, a motorist offered a woman hitchhiker a lift and after driving some distance attempted to sexually molest her, the motorist cannot be charged with kidnap (in addition to assault) since the woman had accepted the offer of a lift and willingly entered the car.
Kidnapping is clearly a more serious charge than false imprisonment and attracts much greater penalties on conviction.
Part 3 – Domestic Violence
6) In the scenario described, (A) and the attacker are romantically linked and are having an argument. The man drags (A) into an alley to talk. (A) slaps the attacker. This is a case of Domestic Violence.
Domestic violence or domestic abuse is the term used for violent acts or threats that occur between people who are married, living together or even merely dating. Many states define domestic violence as a crime distinct from assault and battery. These cases are generally charged as a misdemeanor with repeat offenders being charged with a felony (Saylor.org, 2010, p 423).
In the US Legal System, any person has the right to self-defense, which is defined as “the right to prevent suffering force or violence through the use of a sufficient level of counteracting force or violence”. Self-defense justifies the use of force only when the response to an immediate threat or physical harm. Offensive words without the threat of physical harm will not justify the use of force as self-defense. Self-defense also requires the use of proportional response, where the counteracting force should not exceed the level of perceived threat. Some state laws require the victim to attempt retreat while other states accept that the victim may “stand-his-ground” (FindLaw, 2016).
In the scenario described, the attacker would be justified in defending himself from (A). His response should be to protect himself by covering his face or holding the arm of (A) or pushing her away as self-defense rather than hitting her back.
References
Baldwin, L., (2007). “Felony Assault & Battery Laws and Penalties”, Criminal Defense Lawyer, 2007. Retrieved on Jan 10, 2017 from <<http://www.criminaldefenselawyer.com/crime-penalties/federal/felony-assault-battery.htm#>>
FindLaw, (2016). “Self Defense Overview”, Findlaw.com, 2016. Retrieved on Jan 10, 2017 <<http://criminal.findlaw.com/criminal-law-basics/self-defense-overview.html>>
Matzo, Z., (2007). “What is False Imprisonment?” Nolo.com, 2007. Retrieved on Jan 10, 2017 from <<http://www.nolo.com/legal-encyclopedia/what-false-imprisonment.html>>
Saylor.org, (2010). “Criminal Law”, the Saylor Foundation Creative Commons, 2010. Retrieved on Jan 10, 2017 from <<https://www.saylor.org/site/textbooks/Criminal_Law.pdf>>
