Criminal Law Essay Example | Topics and Well Written Essays - 2500 words - 3

Criminal Law - Essay Example Your client then left the office, so he was never actually injured. Ans: Yes, the co-worker of the client was liable for attempted battery assault. An assault, in criminal and tort law, is one in which a party threatens another with a bodily harm, and in which the person threatening has an apparent capability to do bodily harm if not prevented. This threat and the party’s apparent ability to carry it causes to put fear in the party being threatened. Assault does not require intent to cause battery so long as the threat sufficiently causes fear in the other party. Neither is actual physical contact required but if present converts the offense to battery and assault. In this case, attempted battery assault, which is a kind of assault, is applicable because there was no physical contact since the co-worker missed his target when he took a swung against the client. Since the co-worker missed the client and hit the wall, the client’s story could be substantiated by taking a look at the co-workers fist which if it really hit the wall would have been swollen already. Since no one was around when the incident happened, I would recommend a civil action rather than a criminal one because the quantum of evidence necessary in criminal actions are higher requiring proof beyond reasonable doubt because of the presumption of innocence in criminal cases, something that could not be attained by the client’s case because he was alone with the co-worker when it happened. Civil actions, on the other hand, require only a lesser quantum of proof in comparison with criminal actions which is mainly to convince the trier of facts that the plaintiff deserves the relief being sought. Q2(b) A drug addicted teenager wanted money to buy crack cocaine. He found a $500.00 check on the kitchen counter that was made out to his father. When his father left for work, the teenager took the check from the counter and signed his father’s name. He planned to cash the check