65-25 Level 1 Prep Final Version 2/28/2025 Flashcards
A&B public employee
- Assault and Battery
- On any public employee
- Person must be engaged in the performance of duty at the time of the assault
Right of arrest (M) Breach of peace, in presence
Note
A felony if the A&B includes an attempt to disarm a police officer in performance of his/her duty
Enter Building without Break at Night; Aggravated B&E Daytime 266 s 17
ELEMENTS
Entry Method. The suspect:
Enters without breaking in the nighttime; OR Breaks and enters in the daytime.
Building, vessel, vehicle.
Intent. With the intent to commit a felony;
Fear. The owner or any other person lawfully inside is “put in fear.”
FELONY
Which two (2) courts impact lawful police action in Massachusetts?
- The Massachusetts Appeals Court
- Supreme Judicial Court
What are the two types of accessories?
- Accessory before the fact
- Accessory after the fact
Stalking and criminal harassment are identical charges, except stalking involves a ……………………..
threat
Definition of “breach of the peace”
Conduct that poses immediate or potential harm to a person or the general public.
MGL Chapter 266
Laws concerning property crimes
MGL Chapter 272
Laws concerning public order
SBI
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.”
**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.
There is a charge called “shoplifting by asportation.” What does that mean?
Asportation means “to take and carry away.”
Accessory before the fact
The defendant is accused of being an accessory to a felony before the felony was committed.
Dan gave a gun for Jon to rob a store. He hired Tim to drive the car.
How does B&E daytime differ from Aggravated B&E daytime?
With aggravated B&E daytime, any person lawfully inside is “put in fear.”
Give one example of a per se dangerous weapon
Any of the following sixteen: brass knuckles, blackjack, blowgun, slungshot, stiletto, dagger, ballistic knife, dirk knife, double edged knife, switch knife, nunchaku, shuriken, cestus, zoobow, manrikigusari, leather armband with metal spikes, or a case which enables a knife to be drawn in a locked position
Accomplice (also known as “aider” or “abettor”)
Must intentionally and meaningfully participate in the crime while having the criminal intent necessary to commit the particular crime. This is also referred to as “joint venture”
Four elements of burglary, in order?
- Breaking
- Entering
- Dwelling
- Nighttime
In cases of domestic violence and charging assault or assault and battery on an intimate partner, do you use 265 s 13A or 265 s 13M? And what is meant by intimate partner?
You charge 13M. An intimate partner means the victim:
* is or was married to the offender; or
* had a child in common with the offender, regardless of whether they were ever married or lived together; or
* is or was involved in a substantive dating or engagement relationship
Definition of battery
Touching a victim in a harmful or unpermitted way
When is shoplifting charged as larceny from a building?
Never
Receiving stolen property
Stolen or fraudulently obtained. The suspect possessed property that was originally stolen, embezzled, or obtained by fraudulently pretending to be a legitimate business;
Knowledge. The suspect knew that the property was stolen or fraudulently obtained; and
**Possession. **The suspect bought, received, possessed, or aided in its concealment.
Rights of arrest
If value of goods received over $250 or 2nd offense regardless of value: Warrantless arrest on probable cause
If value of goods $250 or less: Complaint and confiscate stolen property (M)
NOTE: This offense becomes a felony when it is a 2nd or subsequent offense, regardless of value, or the value of the property is more than $1200.
What is the right of arrest for criminal harassment?
It’s a misdemeanor with an arrest on probable cause.
When thinking of burglary, what is the definition of “nighttime”?
One hour after sunset and one hour before sunrise the next day
Statutes
written laws enacted by legislatures that define specific, prohibited conduct
In Massachusetts, statutes are gathered in…..
Massachusetts General Laws (MGL’s).
Right of arrest for all felonies
All felonies are arrestable, either on probable cause or in presence
What is the right of arrest for an assault and battery committed on a victim with an active restraining order against the defendant?
It is a felony
What are the 3 main elements of attempt to commit a crime?
- Specific intent
- Overt act
- Fail to complete
Right of arrest for assault or assault and battery with a hypodermic needle
Felony
True or False: A misdemeanor is an offense punishable by a state prison sentence?
False
NOT PUNISHABLE by a state prison sentence.
MGL Chapter 209A
Domestic violence laws
Every criminal offense is composed of…….
Elements
Elements include actions, motive, & outcome.
What is the “tender years doctrine”?
Young children should not accompany a stranger without the explicit knowledge of their parent or guardian. Here, the victim is 12 years old or under
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.
What’s the right of arrest for threat to commit a crime?
Complaint only
Definition of assault
The suspect intended to commit a battery, which involved touching the victim in a harmful or unpermitted way; took some overt action; and came reasonably close to committing a battery (a swing and a miss)
OR
The suspect intentionally engaged; in menacing conduct; that caused the victim to fear an imminent battery.
Remember…Verbal threat alone is insufficient. A verbal threat to do harm becomes an assault when accompanied by some outward gesture.
MGL’s 269 and 140
Laws concerning firearms and weapons
Kidnapping and confinement
The most common kidnap occurs when…..
a suspect forcibly or secretly confines another person against his will.
A misdemeanor is an offense….
NOT PUNISHABLE by a state prison sentence.
Armed robbery statute of limitations
10 years
Breaking
Moving anything that bars the way into a building or vehicle
Remember! S has to have specific intent to commit a separate felony
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.
Armed assault in a dwelling house
Principal
Actual perpetrator of the crime
Possession of a burglarious tool
Knowingly possess. The suspect made, mended, or knowingly possessed;
Tool. A tool, machine, or motor vehicle master key;
**Designed to break depository. **
Designed to cut through or break open a building, room, vault, motor vehicle, or other depository; and
Intent to break and commit crime. Which the suspect possessed with the intent to break into a depository-or to allow someone else to-for the purpose of stealing or committing any other crime.
Right of arrest Felony
NOTES
Tool must be man-made
Mens reus
The mental state (intent) of the offender.
Can any part of the body be a dangerous weapon?
No
MGL Chapter 138
Alcohol crimes
Burglary
266 s 15
ELEMENTS
B&E. The suspect:
Breaks and enters with intent to commit a felony; OR
Enters with intent to commit a felony and then breaks into;
Dwelling. A dwelling house;
Night. In the nighttime; and
No weapon or assault.
The suspect:
Is not armed with a dangerous weapon while in the house; AND
Does not assault a lawful occupant.
Right of arrest Felony
MGL Chapter 265
Laws concerning crimes against the person
With receiving stolen property, there are common-sense factors that prove the suspect knew the property was stolen:
- carrying goods in a suspicious manner
- Suspect paid unrealistically low price for the goods
- Suspect accepts only cash for goods
- Markings (like price tags) indicate true ownership of goods.
- Implausible (not believable) explanation for source of goods
- Suspect has prior record for similar offenses
- Possession of many stolen items
- Possession of recently stolen property
- Fleeing the scene and discarding items
“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
Armed Assault with Intent to Rob or Murder 265 S 18
Elements
Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.
Felony
Remember: This includes incidents where the S is armed and tries to rob the victim, but is unsuccessful. It also includes the S who shoots and misses a victim.
True or false?: In order to charge armed robbery, the suspect has to use a per se dangerous weapon.
False. Ordinary items can be a dangerous weapon when considering armed robbery.
In what two situations does Parental or Relative Kidnapping become a felony?
a. if the child under 18 is exposed to danger OR removed from the Commonwealth.
b. the incompetent or other person (“entrusted by authority of law to the custody of another person or institution”) was exposed to danger.
The two types of dangerous weapons are?
Per se and dangerous use
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.
TRUE or FALSE?
With assault and battery by means of a dangerous weapon, the weapon must come into contact with the victim.
True
Entry
The unlawful making of one’s way into a building or vehicle
Police officer’s rights of arrest (WAC). These are the three ways to charge a suspect with a crime.
**(W)arrant **- Issued by a judge or clerk magistrate
(A) rrest
(C)omplaint
A dwelling is a ……
place where people live.
Most common example of parental or relative kidnapping
Child under 18 and relative, without lawful authority, held or intended to hold the child permanently or for a protracted period of time; or
took or enticed the child from his or her lawful custodian.
The right of arrest for this is breach of peace, in presence (M)
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
Larceny from a person
The suspect took and carried away;
Money or property which may be the subject of larceny;
From a person or that person’s immediate control;
With the intent to permanently deprive that person.
Right of arrest Felony (regardless of value)
Note
“Control” covers areas within victim’s reach, inspection, and observation.
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
For the crime of parental or relative kidnapping, what is a “child” defined as?
Under age 18
How are stalking and criminal harassment similar?
**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.
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
In Massachusetts, the collection of statutes are known as?
Massachusetts General Laws (MGLs)
The most common example of an assault and battery is….
a hit or a push.
The rights of arrest for larceny
If the suspect steals property valued in excess of $250: Warrantless arrest on PC (misdemeanor)
If the value of property stolen was valued at over $1200, or a firearm, or trade secret, then it’s a felony.
If the suspect steals property valued at $250 or less: Warrantless arrest in presence (Misdemeanor). Otherwise, complaint.
Any time a police officer witnesses a theft, warrantless statutory arrest powers apply (misdemeanor, in presence).
NOTES
If victim is 60 or older, or disabled, and if value of property is over $250 Felony
If victim is 60 or older and value of property is $250 or less Misdemeanor
In cases of domestic violence and charging assault or assault and battery on family and household member, do you use 265 s 13A or 265 s 13M? What is meant by “family and household member”?
You charge 13A. “Family and household member” means the victim is or was:
* related by blood or marriage; or
* living with the offender in the same household.
Larceny is another word for….
stealing.
What is the right of arrest for the offense of identity fraud?
(M) arrestable on probable cause.
True or false?
Larceny from a building is only a felony if the property stole is worth over $1200.
False. It is a felony, regardless of the property’s value.
Basic shoplifting
Intentional. The suspect intentionally;
Six prohibited acts. Engaged in one of six prohibited acts:
**Take. **Took, carried away, transferred, or caused to be carried away or transferred; or
Conceal. Concealed upon his person or otherwise; or
Manipulate price tag. Altered, transferred, or removed price tag(s) and attempted to purchase alone or in concert with another for less than the retail value; or
Switch container. Transferred from one container to another container; or
Ring up false price. Recorded less than the actual retail value; or
Remove shopping cart. Removed a cart from premises without merchant’s consent.
Right of arrest (M) arrestable on probable cause
Remember: a merchant or employee’s statement gives you probable cause to arrest. If goods are over $250, you can charge larceny.
A “lesser included offense” is…….
An offense whose elements are a subset of the elements of the charged offense.
Example: Assault is a lesser included offense of A&B
Example: Larceny from the person is a lesser included offense of robbery.
Would possessing a fake gun qualify as being armed for robbery?
Yes
Mayhem
The suspect maliciously intended to maim or disfigure; AND
Committed one of the following acts to the victim:
Cut out or maimed the tongue;
Put out or destroyed an eye;
Cut or tore off an ear;
Cut, slit, or mutilated the nose or lip; OR
Cut off or disabled a limb or member of the victim
ROA Felony
Remember: Specific intent crime!!!
What age is required to be an “elder” when speaking of assault and battery on an elder?
60 and older
Maximum possible sentence to State Prison?
Life sentence
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 **
Statutes of limitations
Statutes of limitations require criminal charges be filed within a specific number of years from the original date of an offense. It is like an expiration date on a legal claim.
Common Law is also referred to as?
Case Law
Unwritten laws based on legal precedents established by the courts.
Kidnapping
Unlawful. Without lawful authority;
Intentional. The suspect intentionally:
Type 1: Forcibly or secretly confined another person against his will; OR
Type 2: Inveigled (lured or enticed by false representations) another person with the intent to forcibly or secretly confine him against his will.
RIGHT OF ARREST: FELONY
Note
“Confine” means to enclose within bounds or restrict. Any restraint of a person’s liberty is confinement.
Attempted larceny by check
The suspect-with intent to defraud-wrote, cashed, or uttered, any check or order for payment;
To a bank or other financial institution;
With the knowledge that there were insufficient funds.
Right of arrest Complaint only
How does burglary differ from aggravated burglary?
Aggravated burglary requires:
An occupant inside the dwelling house during the course of the burglary. AND
Arms himself with a dangerous weapon before going into or while inside the dwelling OR
Assaults a lawful occupant inside.
Pay attention to the “and” // “or”
Name the crime and its right of arrest
A victim reported that around 12:00 AM, he was “jumped” on Main St. by four suspects (2 BMs, 1 WM, 1 AF, teenagers) as he was walking home after buying pizza from Papa Gino’s. He stated one of the suspects brandished a screwdriver and took the victim’s iPhone 13, wallet, and credit card.
Armed robbery. It’s a felony
B&E Daytime//Entering a dwelling at night without breaking
266 s 18
ELEMENTS (Scheft 31-14)
Entry Method. The suspect:
Enters without breaking in the nighttime; OR Breaks and enters in the daytime.
Building, vessel, vehicle.
Intent. With the intent to commit a felony;
No Fear. No person lawfully inside is “put in fear.”
ROA Felony
Assault and battery to collect a loan
Felony
The statute of limitations for most crimes in Massachusetts is….
6 years
Carjacking
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”
What kind of offense is punishable by a state prison sentence or death?
Felony
Definition of “in presence”
An offense committed within the presence of an officer…when he has direct personal knowledge, through his sight, hearing, or other senses that it is then and there being committed.
Rights of arrest for misdemeanors
Misdemeanor–In presence, breach of the peace
Misdemeanor, in presence
Misdemeanor, probable cause
Misdemeanor, probable cause
Scenario of armed assault in a dwelling house
Notice in the following example the S entered a dwelling, while armed, assaulted someone, and had a specific intent to commit a separate felony.
Two victims ran in a bedroom and held door shut after suspects smashed door with baseball bat. Suspects then forced their way into room, threatened victims, and stole pills from the victims.
Mandatory minimum of 5 years
Actual larceny by check
The suspect-with intent to defraud-wrote, cashed, or uttered, any check or order for payment;
To a bank or other financial institution;
With the knowledge that there were insufficient funds.
Right of arrest $250 and under…..Complaint
Over $250….(M) arrest on probable cause
$1200 and more……Felony
TRUE or FALSE??
All B&E’s are felonies.
FALSE! B&E with intent to commit a misdemenaor is a misdemeanor, arrestable in presence, breach of the peace. This primarily applies to the homeless person seeking shelter.
All other B&E’s are felonies
With serious bodily injury, does a scar count as a “disfigurement”?
YES!
MGL 94C
Drug and narcotic crimes
What is the right of arrest for assault and battery on a pregnant woman?
Felony
Carrying a dangerous weapon
Type 1: Per se dangerous weapon
The suspect knowingly carried on his person or under his control in a vehicle;
One of the 17 listed per se dangerous weapons (knives/martial arts/misc)
Type 2: Non per se weapon possessed during arrest
The suspect was arrested:
** on a warrant for an alleged crime; or
** without a warrant for a crime involving a breach of the peace; AND
** at the time of his arrest, the suspect had on his person or under his control in a vehicle;
** a billy club or other dangerous weapon that is not mentioned or otherwise punishable under 269 s 10
Right of arrest Felony
What is the right of arrest for assault and battery involving strangulation or suffocation?
Felony
Identify the crime
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.
Carjacking
Felony
The suspect does not have to take possession of the car.
Armed assault with intent to rob or murder
Elements
Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.
**ROA ** Felony
This charge is used for the** armed** S who assaults a V with intent to
