Legal Analysis of Criminal Charges: Assault, Battery, and Murder
Scenario Description
While walking to her car at night in a shopping mall parking lot, Lori is confronted by Brian, who brandishes a knife and strikes her. Although she uses self-defense skills to counterattack and flee, Lori falls, sustains a head injury, and later succumbs to her wounds. Brian is arrested and charged with assault, battery, and murder.
Evaluation of Prosecution Viability for Assault, Battery, and Murder
Assault
In the scenario, Brian attacks Lori at night with a knife pointed at her face. Even though Lori was able to fight off the attacker and tried to escape, she received injuries incompatible with life. Therefore, in this case, Brian can be charged with assault, causing grievous bodily harm and murder.
Assault is the intentional act of causing another person to fear imminent bodily harm (Fisher, 1). Brian’s sudden appearance and pointing a knife at Lori’s face could be considered an attack. Testimony from the victim is usually sufficient to charge a person with assault. However, in this case, the law requires witness testimony from CCTV footage to charge Brian.
Battery
In addition, a man can be charged with battery, which involves intentionally causing bodily harm to another person. Brian stroked Lori, which could be considered battery (Fisher, 1). Moreover, the aggravating circumstance in this case is that the man did this intentionally, as evidenced by his knife. To prove Brian’s guilt in the assault, it is necessary to evaluate Lori’s injuries, as well as collect testimony from witnesses. It is worth considering that some of Lorem’s injuries could have been caused by a fall, so they must be carefully assessed.
Murder
Finally, Brian can be charged with murder, but the degree of murder in this case is quite tricky to determine. In Wisconsin, “causing the death of another while committing or attempting to commit a serious violent crime is a part of first-degree murder” (Molitor, 2, para. 3). In addition, Brian took a knife with him, which could potentially be regarded as premeditated murder. However, it is necessary to evaluate Lorem’s injuries to determine the cause of death because if the cause of death was the impact of a fall, then the case could be classified as second-degree murder. To prove Brian’s guilt, he needs Laurie’s autopsy report, medical testimony, witness statements, and surveillance footage.
Sources
Evan Fisher. 2021. Assault and Battery Overview. Web.
Briget Molitor. 2020. Wisconsin First-Degree Murder. Web.