65-25 Exam 3 Flashcards
MGL Chapter 209A
Domestic violence laws
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.”
Armed robbery
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.
The two types of dangerous weapons are?
Per se and dangerous use
Assault with intent to murder or maim
The S must assault the V with the specific intent to commit murder or maim. (Felony)
Related to the crime of mayhem
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
NOTE: 60 and over is “elder” for assaults and A&B’s
What’s the right of arrest for assault and battery?
Breach of peace, in presence (M)
What is a “shod foot” and when is it considered a dangerous weapon?
A shod foot is a foot with a shoe on it. It is considered a dangerous weapon if it is capable of causing greater injury than an unshod (bare) foot.
Carrying a dangerous weapon
Elements
The S knowingly carried on his person or under his control in a vehicle;
One of the sixteen per se dangerous weapons:
a. stiletto b. dagger c. ballistic knives d. dirk knives e. nunchaku f. shuriken/throwing stars g. cestus h. blackjack i. brass knuckles j. blowgun k. manrikigusari l. knives with a detachable blade m. devices with a locking blade n. knife with a detachable blade capable of being propelled by any mechanism
Armed Assault with Intent to Rob or Murder
Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.
ROA Felony
Mayhem
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!!
TRUE or FALSE?
For carrying a dangerous weapon, the offender must walk or drive around with the prohibited weapon.
TRUE
Rights of arrest for a felony
All felonies are arrestable!
Assault and A/B by means of hypodermic syringe or needle
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
MGL Chapter 265
Laws concerning crimes against the person
Instructions: 1. name the crime
2. misdemeanor or felony
3. do you have a right of arrest or not
4. why or why not you have the right of arrest
The victim tells you the following: the suspect entered the store, held up a knife, and told the victim to give him all the money in the cash register. This occurred fifteen minutes prior to your arrival.
Armed robbery
Felony
Yes to right of arrest
All felonies are arrestable
TRUE or FALSE?
With assault and battery by means of a dangerous weapon, the weapon must come into contact with the victim.
True
Armed assault with intent to rob or murder
The S assaults the V with a DW while having the specific intent to rob or murder him (Felony)
Unarmed Robbery
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
Assault and Battery Upon Public Employee
- 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
The most common example of an assault is………….
a swing and a miss.
Assault and battery involving strangulation or suffocation
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.
MGL 94C
Drug and narcotic crimes
Rights of arrest for misdemeanors
In presence, breach of the peace
In presence, statutory
Probable cause, statutory
Armed Assault in a Dwelling
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
What’s the right of arrest for assault?
Breach of peace, in presence (M)
A “child” when speaking of assault and battery
A “child” victim, when speaking of the crime of assault and battery, is what age?
Under age 14
Aggravated assault and battery
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
Instructions: 1. name the crime
2. misdemeanor or felony
3. do you have a right of arrest or not
4. why or why not you have the right of arrest
You respond to a radio call for the following: the victim tells you the suspect punched him in the face. The victim admitted to trying to hook up with the suspect’s girlfriend. The responding EMT’s tell you the victim has a broken jaw.
Assault and battery, serious bodily injury
Felony
Yes to right of arrest
All felonies are arrestable
Assault or A&B on a health care provider
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.
What is the definition of battery?
Unlawful touching of another person without consent.
What is the definition of assault?
It is either an incomplete battery (a swing and a miss);
OR
putting a person in fear of a battery
Unarmed assault with intent to rob or steal
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.
Greg tells Jason that he is going to beat him up tomorrow after school. Although he has no intention of following through with it, is this an assault?
No. A verbal threat is insufficient (not enough) for an assault.
