Today's Letter is the Letter "B"
In keeping with my crimes, criminal procedure, police procedures & the legal system: a reference for crime fiction writers... B brings us the crime of Battery.
What is a Battery?
On Law & Order and other cops and crime shows, I often hear the police, lawyers and judges use the words "assault" & "battery" together. Some use the words together as in one crime, while others, use the terms interchangeably.
Louisiana Revised Statues LA.RS 14.33 defines a battery as the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.
I recognize that in many other states, the word "assault" means a physical attack, but not so in Louisiana. In Louisiana, a physical attack is a battery. An assault is pretty much, an attempted, unsuccessful battery. An assault is the unsuccessful attempt to commit a battery, or the intentional placing of another person in reasonable apprehension of receiving a battery.
So, let's say that your villain is going to be arrested at his kid's soccer game and this arrest will lead the police to search his car, incident to arrest, and they will find the dead bodies that only a crazed
serial killer, would have in the trunk of his car.
You will want to check the law in the state that your book takes place, because using "assault and battery" lingo in one state, can mean something completely different in another.
There are different types of batteries. A simple battery is a misdemeanor and an aggravated battery is a battery committed with a dangerous weapon and is a felony that carries up to 10 years imprisonment.
**Quiz** Name something unusual that can be considered a dangerous weapon. Prize for the best answer.
A second degree battery is a battery where the offender intentionally inflicts serious bodily injury and it carries up to 5 years. Combine the above two and you get an aggravated second degree battery, which is a battery committed with a dangerous weapon and causes serious bodily injury. It carries up to 15 years.
Other types of Batteries.
Sexual Battery
Battery on a police officer
Battery on a school teacher
Battery on the elderly
Remember the quiz. I will select one answer (the most unusual dangerous weapon) readers and commenter's can also vote for the most unusual choice. Winner will receive a $25 Amazon Gift Card. Be creative.
Be sure to check out the many, many other participants in the 2013 A to Z Blogging Challenge
or click on the the letter below
What is a Battery? 
There are different types of batteries. A simple battery is a misdemeanor and an aggravated battery is a battery committed with a dangerous weapon and is a felony that carries up to 10 years imprisonment.
**Quiz** Name something unusual that can be considered a dangerous weapon. Prize for the best answer.
A second degree battery is a battery where the offender intentionally inflicts serious bodily injury and it carries up to 5 years. Combine the above two and you get an aggravated second degree battery, which is a battery committed with a dangerous weapon and causes serious bodily injury. It carries up to 15 years.
Other types of Batteries.
Sexual Battery
Battery on a police officer
Battery on a school teacher
Battery on the elderly
Remember the quiz. I will select one answer (the most unusual dangerous weapon) readers and commenter's can also vote for the most unusual choice. Winner will receive a $25 Amazon Gift Card. Be creative.
Be sure to check out the many, many other participants in the 2013 A to Z Blogging Challenge
or click on the the letter below
My Bonus A~Z Bucket List.
Letter B
As always, this information is for entertainment purposes only. This is not legal advice.
Following several of those bloggers!
ReplyDeleteI'm going to say weed whacker for unusual item. If it's on, double the fun.
It is really impressive how many uses for one word. God and I thought English was difficult already, hahaha. Thanks for the information and for your visit to the Dragon Cave earlier. Be very welcome and have a great day! :D
ReplyDeleteMelissa, thank you for visiting my blog and becoming a member! This is an informative site and I am happy to find it. Most helpful to me since a crime takes place in my YA adventure/mystery. I'm your newest follower.
ReplyDeleteThanks for this, I never really knew the difference. And I've written thrillers!
ReplyDeleteHow about a Boomerang for the weapon?
Thanks for mentioning my blog. It means a lot. I am learning so much and love the cartoon.
ReplyDeleteMelissa,
ReplyDeleteDefinitely will try to keep up with you as my adult fiction almost always contains some crime or the other. Unusual item to commit an assault? A microwave. Yup, one of my characters used one on her boyfriend - kind of unintentionally, but still. ;)
J.L. Campbell atJamaican Kid Lit
Cool! Thanks for all the linkage! And good to know about assault and battery. hey does a candlestick count as unusual?? (Going old school Clue.) lol
ReplyDeleteWow, thank you for the information. I love learning something new. As for unusual deadly weapon? How about sugar, overdosing your victim on it if he or she is diabetic?
ReplyDeleteYour A-Z posts are always so awesome! I can think of some things I've seen battery done with, like folding chairs. Hmm. There's got to be something crazy. How about frozen meat? It's heavy enough. Like a big ass frozen whole halibut. Yeah.
ReplyDeleteMelissa, that was a great explanation and the pictures were too cool! My unusual weapon of danger is the "monkey fist". I have a small one I carry in bad parts of town. $10 piece of mind.
ReplyDeleteChuck at Apocalypse Now
Hi Melissa: A great post for 'B'. I'm normally from Louisiana but have been living in Florida for the past 13 years, and loving it.
ReplyDeleteFor an unusual weapon that could be considered a dangerous weapon would be to file your fingernails to a point to do serious harm. I saw a girl on a school bus do that once and I asked her why she was making them so sharp, and she told me she planned to use them on a girl in school when they fought.
So fingernails would be my unusual answer to your Quiz. Obviously a second degree battery offender with intent to do bodily harm would qualify for that girl.
I'm #794 on the list of A-Z fellow Challengers.
ReplyDeleteThanks for the shout-out, Melissa! I just love this theme of yours. I find it all so interesting. :) As for unusual weapons, I'm a fan of "Lamb to the Slaughter" by Roald Dahl. I mean, a frozen leg of lamb? That's brilliant!
ReplyDeleteI could never really keep the differences between assault and battery straight.
ReplyDeleteAs for an unusual weapon, a fallen street sign could work. It's just heavy enough to be able to lift and you can use it to ram people or try and touch them with the sharp ends.
Well that was interesting. I'm sure you notice all sorts of mistakes in crime novels that others might not. Good luck with the A-Z!
ReplyDeleteThanks for visiting.
ReplyDeleteThank you
ReplyDeleteGood answer. Thanks for visiting my blog.
ReplyDeleteI haven't read them all, but so far, you have the most unusual weapon. I love it.
ReplyDeleteThank you, Kathy
ReplyDeleteWhat an interesting weapon. Thank you for visiting my blog. You live in Florida, but you are from Louisiana. What a small world. I am from La., but my husband and I lived in Florida for several years (a long time ago) after we graduated law school. We lived in Clearwater/St.Pete & Tampa. I loved it, as well. I miss it.
ReplyDeleteThanks Chuck and thanks for adding a link to your site. I knew what it was, but I couldn't think of it. I've had so much going on each day and just finding time to publish my post and visit a few blogs has been a challenge. I didn't want to miss your. Great weapon choice.
ReplyDeleteFrozen halibut. Now that's one I've never heard of. Good choice.
ReplyDeleteYikes. I am a diabetic, but sadly if I overdosed on sugar, the killer would get away with it. I am always exceeding my limit and having to up my medication to balance it out. People would never even consider my death a homicide. Good choice.
ReplyDeleteA candlestick absolutely counts as a dangerous weapon. Thanks.
ReplyDeleteA microwave is an usual choice. Thanks for visiting my blog. I will post the winner of the most unusual weapon later today.
ReplyDeleteThank you. It is always a pleasure.
ReplyDeleteHave you ever read "Lamb to the Slaughter"? It's very short, but so well thought out! They even made an Alfred Hitchcock Presents episode out of it: http://www.hulu.com/watch/48305
ReplyDeleteThat's a good one. With a boomerang, the killer might even stand a chance of getting off by claiming it was an accidental killing
ReplyDeleteThank you. I am glad you are now following my blog. I look forward to reading yours.
ReplyDeleteThank you for stopping by. I loved your blog
ReplyDeleteCreative and unusual choice, Alex. Thanks.
ReplyDelete