Criminal Law

According to the information presented, Bill could be charged with disorderly conduct, making a terroristic threat, and aggravated battery. The disorderly conduct charge stems from Bill using abusive language towards Joe, in the same token the language that was used also falls under the guidelines of a terroristic threat because Bill instilled a sense of terror in Joe by saying “I’m going to kill you”. The aggravated battery charge comes into play because Bill was coming at Joe in a menacing or threatening manner.

The mental elements of the crime were Bill thought about picking up the ball bat and then going at Joe in a threatening manner, Bill had completed the mental element of the crime known as mens rea, however he didn’t use malice aforethought because his actions were strictly based on a “heat of the moment” or “passion” based reasoning. Furthermore, one can see Bill did not rationalize his actions as in weighing the risks and rewards before hand. It was a spur of the moment action on his part. The physical elements of the crime were Bill took it upon himself to grab his bat and charge at the mound waving the bat around in a wreckless manner.

Bill completed the physical element known as actus reus, had he not picked up the bat and charged the mound, he would of only satisfied one element which was the mens rea portion, since he satisfied all of the elements. He could be charged with all of the above crimes. All in all, from a legal standpoint Bill would most likely have the charge of making a terroristic threat stand up in court while the charges of disorderly conduct and aggravated battery would most likely be dismissed because Bill’s words constituted a threat against Joe by having Joe fear for his life.