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Criminal Law > Assault Offenses > Flashcards

Assault Offenses Flashcards

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1
Q

What is the difference between Attempted battery and Threatened battery

A

1) Attempted Battery - The suspect must have taken an overt step and it is not necessary to show that the victim was afraid of even aware of the attempted battery

2) Threatened battery- the suspect must engage in menacing conduct that causes the victim to fear an imminent battery

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2
Q

With an attempted battery form of assault, the suspect must intend to commit a battery and take an _____ ____ to accomplish the battery

A

overt step

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3
Q

Even if a battery is impossible ( Prisoner in shackles) they can still be a charged with ______ ______

A

Attempted battery
(The battery did not have to be possible. It still constituted attempted battery form of assault. It is also likely would be assault by putting the officer in fear of the battery)

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4
Q

For attempted battery there must be an _______ threat of battery

A

Imminent
( Ill kick your ass tomorrow does not constitute attempted battery because victim was not put in imminent fear of battery because the threat is for another time)

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5
Q

What are the two types of dangerous weapons ?

A

1)Those items that are, by their nature, capable of causing serious injury or death(these are called per se or inherently dangerous weapons. Example: gun, knives or brass knuckles)

2) Items that are used in such a way that they reasonably appear capable of causing serious injury of death. (Dangerous use weapons. Chair , cigarette or a dog the owner threatens to attack a victim)

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6
Q

What is the right of arrest for Assault with a Dangerous weapon ?

A

Felony

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7
Q

What is the definition of assault and battery

A

The intentional and unjustified use of force against another, how ever slight, or committing a reckless act that causes injury to another

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8
Q

What are three type of A&B

A

1) Offensive

2) Harmful

3)reckless

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9
Q

What is the Right of Arrest for A&B?

A

Arrest for breach of the peace in presence otherwise complaint

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10
Q

Which type of A&B requires that the victim suffer nontrivial injury for conviction ?

A

Reckless Battery

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11
Q

What are the three circumstances that result in A&B becoming a felony ?

A

1)Causes serious bodily Injury

2)Commits the crime against a person know they know or have reason to know is pregnant

3) Commits the crime against a person who has an outstanding restraining order against the defendant

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12
Q

A victim cannot ______ to violent physically harmful behavior

A

Consent
(SP claiming victim consented to strangulation for sexual gratification is not a valid defense)

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13
Q

The victim does not have to be ______ for a suspect to be charged with A&B

A

identified

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14
Q

Even a repaired and concealed injury, such as permanent implantation of metal plates may be ________ _________. Plus in this case there was nerve damage causing numbness in the cheek, which was an impairment of bodily function

A

Permanent disfigurement

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15
Q

The misdemeanor crimes of assault or A&B can lead to a felony if serious bodily injury results from the A&B. What are the three conditions that qualify for serious bodily injury ?

A

1) A permanent disfigurement

2)A lose or impairment of bodily function, limb or organ

3) A substantial risk of death

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16
Q

An assault that causes the victim to injure themself in attempting to avoid the _______ ______ becomes an A&B even if the suspect does not touch the victim

A

Anticipated battery

17
Q

To charge ABDW the weapon must come into _____ with the victim

A

contact

18
Q

The particular type of weapon used to commit ABDW is not an _______ _____ of the offense

A

essential element

19
Q

Unarmed assault with intent to rob or steal is a ?

A

Felony

20
Q

There are 17 ways that A&B becomes a felony. PRIDE CLINGGS WithIn US for Police. What is PRIDE ?

A

Pregnant
Restraining Order
Intimate partner subsequent
Disabled
Elder

21
Q

There are 17 ways that A&B becomes a felony. PRIDE CLINGGS WithIn US for Police. What is CLINGGS?

A

Correctional Officer
Loan
Intellectually Disabled
Needle
Gang (Solicitation of a child under 18)
Gun Discharge
Suffocate/Strangle

22
Q

There are 17 ways that A&B becomes a felony. PRIDE CLINGGS WithIn US for Police. WithIN stands for ?

A

Weapon
Indecent

23
Q

There are 17 ways that A&B becomes a felony. PRIDE CLINGGS WithIn US for Police. What does the US stand for

A

Under 14 Bodily injury
Serious injury

24
Q

There are 17 ways that A&B becomes a felony. PRIDE CLINGGS WithIn US for Police. What does the Police stand for

A

Police disarm or serious injury

25
Q

If a suspect shoot at someone with a firearm, but misses, what are the two proper potential charges ?
Whats the right of arrest ?

A

1)Attempted A&B by discharging a firearm

2)Assault with intent to murder

Felony

26
Q

If a suspect shoots at someone and HITS them what are the two proper charges?
Whats the right of arrest ?

A

1) A&B by discharging firearm

2) Assault with intent to murder

Felony

27
Q

A&B for Purpose of Gang Solicitation makes it a crime to:1) Commit an A&B on a child under _____ ;2) with the intent to cause or coerce the child to join or participate in a __________ _______- which is defined as a street gang or other organization of ____ or more people with a common name, identifying symbol or sign, and whose members individually or collectively engage in criminal activity

A

18
Criminal Conspiracy
3

28
Q

List the three ways that Mayhem is committed

A

1) through specific acts

2)By a dangerous substance

3)By being privy to someone else’s intent to maim

29
Q

With respect to the crime of Mayhem, _______ means that the suspect is aware of the impending attack and agrees that it should occur, even though he is not present during the crime

A

Privy

30
Q

To charge Mayhem a suspect must commit specific acts. What are the 5 acts

A

1) Cut out or maimed the tongue

2)Put out or destroy an eye

3)Cut or tore off an ear

4)Cut, slit or mutilated the nose or lip

5)Cut off or disabled a limb or member of the victim

31
Q

For the crime of Mayhem, a sustained attack is not _______ to show an intent to maim or disfigure

A

Required
(Although it is rare, one blow may be enough for mayhem)

32
Q

When charging Mayhem one of the elements is the the suspect ______to maim and disfigure

A

Intend

33
Q

When is self defense warranted

A

Self defense is warranted when the suspect is reasonably believes he is in danger of personal harm, attempts to avoid combat or is unable to do so, and uses on the necessary force to defend himself.

34
Q

The rationale behind the ______ _____ _______ is that woman’s use of deadly force against her abusive partner can best be understood by presenting evidence on the history of the relationship

A

Battered Woman’s Syndrome

35
Q

What is the Castle law ?

A

The Castle law provides that occupants at home have no duty to retreat and may use reasonably force to defend themselves or others against dangerous and unlawful intruders

36
Q

A person may only use the ______ ______ that the victim could have appropriately used during “ Defense of another”

A

same force
(Aka if a person is slapped a third party cant shoot the suspect and then claim defense of another)

37
Q

Police Officers who use proper force in their duties should be not charged with A&B. The __________ _________ defense allows police officers to use ____________ and _________ force in carrying out their duties

A

Police privilege
Reasonable
necessary

Criminal Law (11 decks)

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