� ANY WILLFUL AND UNLAWFUL...(MORE TO FOLLOW)
� USE OF FORCE OR VIOLENCE...(MORE TO FOLLOW)
� ON ANOTHER PERSON
� �WILLFUL� EXCLUDES �ACCIDENTAL�
� �UNLAWFUL� MEANS �WITHOUT CONSENT�
� A SURGEON OPERATING ON YOU, A FELLOW FOOTBALL PLAYER TACKLING YOU ARE CONSENSUAL ACTS
SINCE THE STATUTE SAYS ANY FORCE OR VIOLENCE...
� IT ONLY TAKES A LITTLE FORCE
� CONTACT, NOT VIOLENCE REQUIRED
� INJURY NOT REQUIRED
� ANY RUDE OR ANGRY TOUCHING SUFFICIENT
BATTERIES WITHOUT INJURY:
� SPITTING ON SOMEONE
� SQUIRTING SOMEONE WITH WATER FROM A HOSE
� SHOVING YOUR SHOPPING CART INTO A PERSON
DIRECT CONTACT NOT REQUIRED
� SETTING A DOG ON SOMEONE � A BATTERY
� DELIBERATELY SCARING ANOTHER�S HORSE � A BATTERY
�WOBBLER� BATTERY
� BATTERY WITH INJURY OF EMERGENCY PERSONNEL
� EMERGENCY PERSONNEL MUST BE ON DUTY
� SUSPECT MUST REASONABLY KNOW THIS
� �INJURY� MUST REQUIRE MEDICAL TREATMENT
BATTERY WITH SERIOUS BODILY INJURY (ON ANYONE, NOT JUST EMERGENCY PERSONNEL) (WOBBLER) INCLUDES:
� LOSS OF CONSCIOUSNESS
� CONCUSSION
� BONE FRACTURE
� IMPAIRMENT OF BODILY MEMBER OR ORGAN
� SERIOUS DISFIGUREMENT
SEXUAL BATTERY
� TOUCHING ANOTHER�S INTIMATE PARTS AGAINST THE WILL OF THE PERSON BEING TOUCHED
� �INTIMATE PARTS� INCLUDE BUTTOCKS, GROIN, ANUS, WOMAN�S BREAST,
� �TOUCHING� INCLUDES THROUGH CLOTHING
� WITH RESTRAINT OR IN AN INSTITUTION � WOBBLER
� WITHOUT RESTRAINT - MISDEMEANOR
SELF-DEFENSE REVISITED
� MAY STAND GROUND � NO REQUIREMENT TO WALK AWAY IN CALIF.
� DEADLY FORCE - ONLY IF ATTACK LIKELY TO CAUSE SERIOUS BODILY INJURY OR DEATH
� IN TRESPASS, NECESSARY FORCE ONLY
THE REASONABLE PERSON STANDARD ...
� NOT YOUR IDEA OF WHAT�S REASONABLE, BUT THE JUDGE�S OR JURY�S IDEA
ASSAULT (MISD.)
� AN ATTEMPTED BATTERY
� COMPLETION MUST BE AT LEAST AN APPARENT POSSIBILITY
� SOME CASE LAW SAYS COMPLETION MUST BE PHYSICALLY POSSIBLE
� MUST BE DELIBERATE, NOT ACCIDENTAL
� NO CONTACT NEEDED
� NO VIOLENCE NEEDED, ONLY FORCE
ASSAULT W/ DEADLY WEAPON (ADW) (WOBBLER)
� NOT �BATTERY WITH A DEADLY WEAPON�
� NO INJURY OR CONTACT REQUIRED
� INCLUDES �FORCE LIKELY TO PRODUCE GREAT BODILY INJURY�
� �DEADLY WEAPON� NEED NOT BE GUN OR KNIFE
� DELIBERATELY DRIVING TOWARD PEOPLE WITHOUT HITTING THEM IS ADW
� THROWING A PERSON OUT A WINDOW (REGARDLESS OF INJURY) IS ADW
� INTENT IN ADW IS INTENT TO COMMIT A BATTERY
� INTENT MAY BE INFERRED FROM RECKLESSNESS
� POINTING A LOADED GUN AT SOMEONE IS ADW
POINTING AN UNLOADED GUN AT SOMEONE IS NOT ADW BECAUSE ...
� NO ABILITY TO COMPLETE THE ACT (ADW IS AN ASSAULT, AN ATTEMPTED CRIME
EXHIBITING DEADLY WEAPON (MISD.)
� POINTING AN UNLOADED GUN AT SOMEONE
� OR DRAWING, EXHIBITING ANY DEADLY WEAPON
� IN A RUDE, ANGRY OR THREATENING MANNER
� WOBBLER IF IT'S A FIREARM AND DONE IN PEACE OFFICER�S PRESENCE
� WOBBLER IF IT'S A FIREARM AND DONE TOWARD A CAR OCCUPANT
HIV EXPOSURE (FELONY)
� BEING HIV POSITIVE ...
� DELIBERATELY EXPOSING ANOTHER ...
� THROUGH UNPROTECTED SEX (ONLY)...
� WITH SPECIFIC INTENT TO INFECT (THIS MAKES PROSECUTION DIFFICULT)
MISCELLANEOUS ASSAULTS
� SHOOTING AT A HOUSE (WOBBLER)
� SHOOTING AT AN UNOCCUPIED PLANE (FELONY) OR CAR (WOBBLER)
� DELIBERATELY WRECKING BUS, TROLLEY (FEL.)
ADMINISTERING ANY DRUG...
� CAUSING SLEEP, SEMI-UNCONSCIOUSNESS OR IMPAIRMENT OF SELF-CONTROL
� FOR THE SPECIFIC PURPOSE OF COMMITTING ANY FELONY IS A FELONY
ASSAULT WITH INTENT TO COMMIT MAYHEM, RAPE, SODOMY, ORAL COPULATION, CHILD MOLEST, RAPE BY INSTRUMENT
� ALL REQUIRE ATTEMPT WITH SPECIFIC INTENT
WHAT�S THE DIFFERENCE BETWEEN �ASSAULT WITH INTENT TO COMMIT RAPE� AND �ATTEMPTED RAPE?�
� CAN YOU COMMIT ATTEMPTED RAPE WITHOUT AN ASSAULT?
� BOTH REQUIRE SPECIFIC INTENT
LEGAL ASSAULTS
� NECESSARY FORCE IN AN ARREST
� SPANKING A CHILD (WITHIN LAWFUL LIMITS)
� ASSAULTS WITH CONSENT
� ACCIDENTS
DOMESTIC VIOLENCE (WOBBLER)
� INFLICTING CORPORAL INJURY (MORE FOLLOWS)
� ON SPOUSE OR COHABITANT
� RESULTING IN A TRAUMATIC CONDITION
� �COHABITANT� INCLUDES MOTHER OR FATHER OF CHILD
� �TRAUMATIC CONDITION� IS ANY WOUND CAUSED BY FORCE
CHILD ENDANGERING
� HAVING CARE OF CHILD (WHETHER PARENT OR NOT)...
� PERMITTING A CHILD TO BE PLACED IN DANGER
� FELONY IF LIKELY TO PRODUCE GREAT BODILY HARM (OTHERWISE MISD.)
CHILD ABUSE (WOBBLER)
� WILFULLY INFLICTING CRUEL OR INHUMAN CORPORAL PUNISHMENT ON A CHILD
� MODERATE SPANKING WITH HAND OVER CLOTHING EXCLUDED
� USING INSTRUMENT LIKELY TO CAUSE INJURY (WHETHER OR NOT INJURY IS INFLICTED) OR ...
� CAUSING INJURY (EVEN WITH HAND) IS CHILD ABUSE