65-25 Exam 2 Flashcards
Rights of arrest for misdemeanors
*In presence, breach of the peace
In presence, statutory
Probable cause, statutory
**Name the crime and its right of arrest
The victim stated that the male’s name is Bill. The victim stated that “Bill” comes in the store all the time, and on today’s date he was speaking loudly at the customers and employees. The victim stated that his behavior has been getting worse and that Bill stated he was “going to shoot everyone here” today. What crime has Bill committed and what is its right of arrest?
Threat to commit a crime. Right of arrest is complaint only.
Name the crime and its right of arrest
The victim (age 61) stated the suspect smacked her across the face.
Assault and battery on an elder. It is a felony
For A&B on an elder, elder is considered 60 and older.
The most common example of an assault and battery is….
a hit or a push.
What is the definition of serious bodily injury?
It is defined as “bodily injury that results in: (a) a permanent disfigurement; (b) loss or impairment of a bodily function, limb, or organ; or (c) a substantial risk of death.”
TRUE or FALSE?
With assault and battery by means of a dangerous weapon, the weapon must come into contact with the victim.
True
“Caller states he was trying to fire an employee. States employee became irate and threw a punch at the caller. The punch did not land. Suspect then fled on foot.”
Crime? Assault
M/F? Misdemeanor
ROA? No right of arrest
Why/ why not on arrest? It did not happen in your presence
What is the right of arrest for assault and battery on a pregnant woman?
Felony
What is a “dangerous use” weapon?
A normal item which becomes a weapon when used in a dangerous fashion.
What is meant by the term “transferred intent”?
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.
Complete the following:
Every battery includes an assault, BUT……
not every assault includes a battery.
The most common example of an assault is………….
a swing and a miss.
True or false??
Every assault and battery includes an assault as a lesser included offense.
TRUE
What are the lesser-included offenses of assault and battery by means of a dangerous weapon?
Assault
Assault and battery
Assault by means of a dangerous weapon
If a suspect possesses a fake gun and commits a crime covered in MGL 265, does this count as being armed?
Yes, this qualifies as being armed for any crime against a person in Chapter 265.
True or false?
If the suspect claims to have a weapon, the law states he may be taken at his word.
True
Assault occurs in two ways
Attempted battery (throwing a punch and missing)
Threatened battery
A verbal threat to do harm=assault when accompanied by outward gesture
ROA = (M) breach of peace, in presence
Assault and battery occurs in three ways
- Intentional, unconsented touching of another
- an intentional, harmful touching of another
- a reckless act that causes injury to another
ROA = (M) breach of peace in presence
Threat to commit a crime
275 s 2
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
Assault by Dangerous Weapon
The suspect committed an assault by using a dangerous weapon.
Attempting battery or threatening battery w/intent to cause fear
ROA: Felony
List of per se dangerous weapons
Any stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife, or any knife with a detachable blade capable of being propelled by any mechanism, dirk knife, any knife having a double-edged blade, or a switch knife, or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches, or a slung shot, blowgun, blackjack, metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, nunchaku, zoobow, also known as klackers or kung fu sticks, or any similar weapon consisting of two sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather, a shuriken or any similar pointed starlike object intended to injure a person when thrown, or any armband, made with leather which has metallic spikes, points or studs or any similar device made from any other substance or a cestus or similar material weighted with metal or other substance and worn on the hand, or a manrikigusari or similar length of chain having weighted ends;
Can any part of the human body be considered a dangerous weapon?
NO!
For the crime of A&B serious injury, what is meant by “serious injury”? What is the ROA for this crime?
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
Assault and battery by means dangerous weapon
265 s 15A
** 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”).
What is the right of arrest for A&B against a person with an active restraining order against the defendant?
Felony
**Name the crime:
A suspect spits on a victim while she is walking past him.
Assault and battery
You are the responding officer to the following incidents. You must fill-in: the crime that has been committed; whether this crime is a misdemeanor or felony; whether you have the right of arrest; the reason you do or do not have the right of arrest.
The victim stated that he was in the area of 860 Harrison Ave when a suspect approached him. The suspect swung an empty bottle at the victim, but missed him. The suspect then fled towards Mass Av.
Crime committed? Assault by means dangerous weapon, to wit bottle
Misdemeanor or felony? Felony
Do you have a right of arrest? Yes
Why do you or don’t you have a right of arrest? All felonies are arrestable.
You are the responding officer to the following incidents. You must fill-in: the crime that has been committed; whether this crime is a misdemeanor or felony; whether you have the right of arrest; the reason you do or do not have the right of arrest.
The victim tells you that 10 minutes ago, the suspect punched him in the face. You observe a red mark on the victim’s face. The suspect, who is still on scene, admits that he did punch the victim.
Crime committed? Assault and battery
Misdemeanor or felony? Misdemeanor
Do you have the right of arrest? NO
Why do you or don’t you have the right of arrest? Because the right of arrest for assault and battery is breach of peace, in presence. You were not present when the incident occurred.
