65-25 Crimes vs Person

Question 1

Threat to commit a crime
275 s 2

Answer 1

Communicated intent to injure; Injury would be crime; V in fear that S had intention/ability to carry out threat

Right of arrest: Complaint only

Question 2

Assault occurs in two ways

Answer 2

Attempted battery (throwing a punch and missing)
Threatened battery

A verbal threat to do harm=assault when accompanied by outward gesture

Question 3

Right of arrest for assault

Answer 3

(M) Breach of peace, in presence

Question 4

Assault by Dangerous Weapon

Answer 4

The suspect committed an assault by using a dangerous weapon.

Attempting battery or threatening battery w/intent to cause fear

ROA: Felony

Question 5

Does an assault by dangerous weapon have to involve a per se dangerous weapon?

Answer 5

No, it includes per se dangerous weapons, as well as dangerous use weapons.

Question 6

What is a “dangerous use” weapon?

Answer 6

A normal item which becomes a weapon when used in a dangerous fashion.

Question 7

If a suspect possesses a fake gun and commits a crime covered in MGL 265, does this count as being armed?

Answer 7

Yes, this qualifies as being armed for any crime against a person in Chapter 265.

Question 8

True or false?

If the suspect claims to have a weapon, the law states he may be taken at his word.

Answer 8

True

Question 9

Can any part of the human body be considered a dangerous weapon?

Answer 9

NO!

Question 10

Did you know?

What is the origin of the word “assault”?

Answer 10

It has French origins and means “leap toward.”

Question 11

Deceptive weapon device

Answer 11

any device that is intended to convey the presence of a rifle, shotgun, or firearm that is used in the commission of a violent crime

Question 12

Types of assault and batteries

What are the three types of assault and battery?

Answer 12

Offensive
Harmful
Reckless conduct

Question 13

What is the right of arrest for assault and battery?

Answer 13

(M) Breach of peace, in presence

Question 14

Origin of the word “battery”

Answer 14

From the French meaning “to strike”

Question 15

Elements of assault and battery (offensive)

Answer 15

The suspect intentionally touched another person, however slight;
Without having any right or excuse to do so; and
Either caused physical harm OR the person touched did not consent.

Question 16

Elements of assault and battery (harmful)

Answer 16

The suspect:
intentionally touched another person;
In a manner likely to cause bodily harm;
Without having any right or excuse to do so.

Question 17

Elements of assault and battery (reckless conduct)

Answer 17

a suspect realizes the serious danger associated with his conduct and decides to run the risk anyway. This reckless conduct must result in physical injury (more than trivial injury).

Question 18

What is meant by the term “transferred intent”?

Answer 18

Applies to all assaults. A S is guilty of A&B if, while intending to hit a particular person, the S accidentally punches a bystander.

Question 19

For the crime of A&B serious injury, what is meant by “serious injury”? What is the ROA for this crime?

Answer 19

Bodily injury which results in a permanent disfigurement, protracted loss or or impairment of a bodily function, limb, or organ or substantial risk of death. The ROA is FELONY

Question 20

Do all A&B’s include assault as a lesser-included offense?

Answer 20

YES

Question 21

Complete the following:

Every battery includes an assault, BUT……

Answer 21

not every assault includes a battery.

Question 22

Assault and battery by means dangerous weapon
265 s 15A

Answer 22

** Commits an assault and battery
** By intentionally and unjustifiably touching another person; OR
** Intentionally commits a wanton and reckless act that causes physical injury; or
**an intentional, harmful touching.
**Through the instrumentality of a dangerous weapon (“by means of a Dangerous weapon”).

Question 23

What are the four ways that ABDW becomes “aggravated”?

Answer 23

S is 18 or older and V is under 14; OR
Causes serious bodily injury; OR
S knows or should have known the V is pregnant; OR V has an active RO in effect against the V

Question 24

What is a shod foot?

Answer 24

A shod foot is a foot wearing a shoe; it is capable of being a DW if capable of causing greater harm than an unshod foot.

Question 25

Name three of the lesser-included offenses for the crime of ABDW.

Answer 25

Assault; assault dangerous weapon; and assault and battery

Question 26

Attempted A&B by Discharging any Firearm, Rifle, Shotgun, or Machine Gun

Answer 26

This covers incidents where the S shoots at a V and misses (Felony)

Question 27

A&B by Discharging any Firearm, Rifle, Shotgun, or Machine Gun

Answer 27

This covers incidents where the S shoots at a V and hits him (Felony)

Question 28

Armed assault with intent to rob or murder

Answer 28

The S assaults the V with a DW while having the specific intent to rob or murder him (Felony)

Question 29

Assault with intent to murder or maim

Answer 29

The S must assault the V with the specific intent to commit murder or maim. (Felony)

Related to the crime of mayhem

Question 30

Attempted murder

Answer 30

Penalizes anyone who attempts to commit murder “by poisoning, drowning, or strangling another person (Felony)

Question 31

A&B for purpose of gang solicitation

Answer 31

It is a felony and the V must be under 18

Question 32

Assault with intent to Commit a Felony

Answer 32

An assault with intent to commit any felony. (Felony)

Question 33

Armed Assault in a Dwelling

Answer 33

Entry. The suspect entered a dwelling;
Armed. While armed; and
Assault. Committed an assault on someone in the dwelling; and
Intend felony. Had the specific intent, accompanying the assault, to commit a separate felony.

Felony

Question 34

Assault and A/B by means of hypodermic syringe or needle

Answer 34

Whoever
commits an assault or A&B
by using a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of controlled or other substances by injection

Felony

Question 35

Aggravated assault and battery

Answer 35

Assault and battery is “aggravated” in three situations:
if it results in serious bodily injury; or is committed upon a person the suspect knows or has reason to know is pregnant; or is upon someone the suspect knows has an active restraining order against the suspect.

Felony

Question 36

Assault and Battery Upon Public Employee

Answer 36

• Assault and Battery
• On any public employee
• Person must be engaged in the performance of duty at the time of the assault

ROA Misdemeanor in presence, breach of peace

A felony if the A&B includes an attempt to disarm a police officer in performance of his/her duty

Question 37

**Name the crime:

A suspect spits on a police officer while he is working.

Answer 37

Assault and battery on a public employee

Question 38

Assault or A&B on a health care provider

Answer 38

A person may not:
a. commit an assault or A&B;
b. against any EMT, ambulance operator, ambulance attendant, or “health care provider”;
c. who was treating or transporting a person in the line of duty.

ROA Arrest for breach of peace in presence. If not, complaint.

“Health care provider” is defined as any medical doctor, registered nurse, social worker, psychologist, or agent or employee of a licensed public or private hospital, clinic, or nursing home.

Question 39

Assault and battery to collect a loan

Answer 39

Prohibits committing an assault and battery to collect a loan

ROA Felony

Question 40

Mayhem

Answer 40

Elements
Whoever with malicious intent to maim or disfigure;
Cuts, tears, slits or mutilates the tongue, or an eye, ear, nose, lip or limb or member of another;
Or whoever is privy to such intent;
Or is present and aids in the commission of such crime;
Or whoever assaults another person with a dangerous weapon, substance or chemical and by such assault disfigures, cripples or inflicts serious or permanent physical injury upon such person;
Or whoever is privy to such intent or is present and aids in the commission of such crime

FELONY

!!Specific intent crime!!

Question 41

Assault and battery involving strangulation or suffocation

Answer 41

The S blocked the nose or mouth of another;
That the S interfered with the normal breathing or circulation of blood of the V without having any right or excuse for doing so; and
They did so intentionally.

ROA Felony

Definitions: “Strangulation’’ = the intentional interference of the normal breathing or circulation of blood by applying substantial pressure on the throat or neck of another.

'’Suffocation’’ = the intentional interference of the normal breathing or circulation of blood by blocking the nose or mouth of another.

Question 42

Unarmed Robbery

Answer 42

Force or fear. The suspect by force or fear;
Theft from person. Took money or property from victim or the victim’s immediate control.

Right of arrest
FELONY

**S must take control or possession of victim’s property or money.
Purse snatching
**Value of property is irrelevant

Question 43

Armed robbery

Answer 43

Weapon. The suspect was armed with a dangerous weapon when he;
**Force or fear. **By force or fear;
Theft from person. Took money or property from the victim or the victim’s immediate control.

Right of arrest: Felony

**Value of property is irrelevant
**if the S has an opportunity to dispose of the gun before he is apprehended, the S claim to have a gun during the robbery is enough to convict him of armed robbery.
**if the S has an opportunity to dispose of the gun before he is apprehended, the S claim to have a gun during the robbery is enough to convict him of armed robbery.

Question 44

Unarmed assault with intent to rob or steal

Answer 44

Whoever
Not being armed with a dangerous weapon;
Assaults another with force and violence;
With intent to rob or steal.

ROA Felony

This charge is used for the S who assaults a V with intent to rob or steal, but does not complete the crime.

Example: S grabbed at money in hands of supermarket cashier, who tugged back on the money, was an assault with sufficient force and violence to satisfy the elements of this offense.

Question 45

Armed Assault with Intent to Rob or Murder

Answer 45

Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.

ROA Felony

Question 46

Stealing by confining or putting in fear

Answer 46

Whoever
with intent to commit larceny or any felony;
Confines, maims, injures, or wounds or attempts or threatens to kill, confine, maim, injure, or wound; or
puts any person in fear;
for the purpose of stealing from a building, bank, safe, vault, or other depository of money; SHALL
whether he succeeds or fails in the perpetration of such larceny or felony;
be punished.

ROA Felony

Question 47

Carjacking

Answer 47

The defendant has the intent to steal a motor vehicle and does one of the following:
assaults, confines,
maims or,
puts any person in fear
For the purpose of stealing a motor vehicle.

ROA Felony

**There is no requirement that the suspect takes possession of the car.
**No weapon necessary
**This crime is technically entitled ““Assault, Confinement, etc of person for purpose of stealing motor vehicle”

Question 48

Criminal Harassment

Answer 48

The suspect willfully and maliciously engaged;
In a pattern of conduct or series of acts (at least 3 incidents);
Which were directed at a specific person; and
Constituted harassment (because a reasonable person would suffer substantial emotional distress).

Right of arrest

Warrantless arrest on probable cause is the “preferred response”

Question 49

Stalking

Answer 49

The suspect willfully and maliciously engaged;
In a pattern of conduct or series of acts (at least 3 incidents);
Which were directed at a specific person; and
Constituted harassment (because a reasonable person would suffer substantial emotional distress); and

Involved a threat with intent to cause imminent fear of death or serious bodily injury

Right of arrest Felony

Question 50

How are stalking and criminal harassment different?

Answer 50

Stalking requires a threat*. Identical charges, except stalking involves a threat.
Only one threat required.
Threat may be to a third party if suspect intended it to be conveyed to the victim.
Suspect’s intent must be to cause imminent fear.

Question 51

How are stalking and criminal harassment similar?

Answer 51

**Target may be anyone. No need to show a special relationship.
**Malicious.
**At least 3 incidents. Acts must be distinct and separated by some interval. Exposure to incidents may occur at one time.
**Substantial emotional distress.

**Substantial emotional distress is something markedly greater than the level of uneasiness, nervousness, unhappiness or the like which is commonly experienced in day-to-day living.

**Harassment victims and stalking victims are eligible for Harassment Protection Order under MGL 258E.