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VOLUME 7 - CHAPTER 77
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77 Table of Contents
77.2 Intent To Frighten Assault
77.2.2 Intent To Frighten Assault: Defenses And Defense Theories
77.2.2.1 Intent To Frighten Assault: Lack Of Intent To Cause Fear As Defense Theory
77.2.2.2 Intent To Frighten Assault: Victim's Lack Of Fear As Defense Theory
77.2.2.3 Intent To Frighten Assault: Negation Of Intent By Intoxication
77.2.2.4 Intent To Frighten Assault: Self Defense
77.2.2.5 Intent To Frighten Assault: Battered Person Syndrome
77.2.2.6 Intent To Frighten Assault: Accident
77.2.2.7 Intent To Frighten Assault: Additional Defenses And Defense Theories
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77.2.2.1 Intent To Frighten Assault: Lack Of Intent To Cause Fear As Defense Theory
PRACTICE NOTE: Assault by attempting to cause fear and apprehension of injury requires specific intent to create reasonable fear and apprehension of bodily injury, and failure to so instruct the jury is constitutional error. (State v. Eastmond (WA 1996) 919 P2d 577, 579; see also State v. Byrd (WA 1995) 887 P2d 396, 401; see also LaFave & Scott, Substantive Criminal Law (West, 1986) § 7.16, p. 316 [negligence or even reckless conduct insufficient].)
See also FORECITE National™ 77.2.2.2 [Intent To Frighten Assault: Victim’s Lack Of Fear As Defense Theory].
RELATED FEDERAL MODEL INSTRUCTIONS:
See generally, FORECITE National™ 77.2.1.2 [Intent To Frighten Assault: Federal Circuit Model Instructions And Notes].
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77.2.2.2 Intent To Frighten Assault: Victim’s Lack Of Fear As Defense Theory
PRACTICE NOTE: See LaFave & Scott, Substantive Criminal Law (West 1986) § 7.16, p. 316; but see Robinson v. U.S. (DC 1986) 506 A2d 572, 574 [assault occurred even though police officer victim was not afraid].
RELATED FEDERAL MODEL INSTRUCTIONS:
See generally, FORECITE National™ 77.2.1.2 [Intent To Frighten Assault: Federal Circuit Model Instructions And Notes].
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77.2.2.3 Intent To Frighten Assault: Negation Of Intent By Intoxication
PRACTICE NOTE: "...[A]n assault which requires an intent to put the victim in reasonable fear or apprehension of an immediate battery is a specific intent crime and is subject to the defense of voluntary intoxication." [Citations.] (People v. Lakeman (MI 1984) 353 NW2d 493, 495.)
Compare FORECITE National™ 77.1.2.3 [Simple Attempted-Battery Assault: Intoxication Not A Defense].
RELATED FEDERAL MODEL INSTRUCTIONS:
See generally, FORECITE National™ 77.2.1.2 [Intent To Frighten Assault: Federal Circuit Model Instructions And Notes].
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VOLUME 7 - CHAPTER 77
77.2.2.4 Intent To Frighten Assault: Self Defense
See FORECITE National™ 253.4 [Self Defense, Defense Of Others, Defense Of Property -- Complete].
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VOLUME 7 - CHAPTER 77
77.2.2.5 Intent To Frighten Assault: Battered Person Syndrome
See FORECITE National™ 253.1 [Battered Person’s Syndrome].
See FORECITE National™ 256.1 [Battered Person’s Syndrome].
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77.2.2.6 Intent To Frighten Assault: Accident
See FORECITE National™ 252.2 [Accident].
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77.2.2.7 Intent To Frighten Assault: Additional Defenses And Defense Theories
PRACTICE NOTE: The defenses and defense theories discussed in this chapter are offered to provide ideas which may be helpful in developing a defense strategy and are not intended to be a complete checklist. Depending on the jurisdiction and the factual circumstances, other theories may be available. (See generally FORECITE National™ AFFIRMATIVE DEFENSES AND DEFENSE THEORIES (VOLUME 11).) For example, in any given case defensive theories may be available as to one or more of the basic elements of criminal liability. (See generally FORECITE National™ BASIC ELEMENTS OF CRIMINAL LIABILITY AND DEFENSES THERETO (VOLUME 5).)