Chap 3 / 4 Threat And Assaults

Question 1

Threats:

Answer 1

Communicate

Crime

Reasonable fear (intention and ability to carry)

( True threats not expressive threats )

Question 2

Extortion:

Answer 2

Communication

3 types of threats :
Accuse another of a crime
Injure a person or property
Use someone’s power against them (. (police, licensing authority)
Intent to get something

Felony

Question 3

Assault:

Answer 3

1) attempted battery
2) threatened battery
Intentionally engaged
Menacing conduct
That caused fear of imminent battery

Question 4

Does a weapon need to be seen in order to commit ADW?

Answer 4

No. A person can take someone at their word.

Question 5

Can you be charged with multiple ADW counts for one event?

Answer 5

Yes - ex a firing one bullet into a crowd

Question 6

What are the three ways to commit assault and battery?

Answer 6

Offensive (no consent)
Harmful (likely to cause harm)
Reckless

(note the identity of a victim is not one of the elements)

Question 7

Can you charge someone with AB if a victim hurt themselves while trying to escape injury from them?

Answer 7

Yes

Also food with a foreign substance counts as aAB

Question 8

What must the reckless conduct be for AB?

Answer 8

It must result in physical injury. It need not be permanent, but it must be more than trivial.

Question 9

What are aggravating factors for assaults?

Felonies

Answer 9

Unarmed with intent to rob/ steal
Intent to murder or maim
Intent to commit any felony
Armed assault with intent to rob murder
Armed assault in a dwelling
Against a person with an RO
Subsequent assault against intimate partner

Question 10

Is hate crime assault or AB a misdemeanor or felony?

Answer 10

Misdemeanor breach of peace and presence

Question 11

Can you arrest for assault , AB constituting harassment?

Answer 11

Can arrest on PC

Question 12

When can you arrest for an AB on a public employee?

Answer 12

Breach of peace and present

(Attempting to disarm or cause serious injury to an officer is a felony )

Question 13

What are the aggravating factors for a and B felonies?

Answer 13

Child under 14 if caused bodily injury
Collect a loan
Correctional officer
Disabled person
Elder age 60 and over
Gang solicitation of a child under 18
Intellectually disabled person
Pregnant person
Against a person with an RO
Serious bodily injury
Subsequent against intimate partner
Suffocate or strangle another

Question 14

Mayhem?

Answer 14

Type 1 Specific acts
Maliciously intended to maim or disfigure
Committed one of the following acts:
Cut out or named the tongue, put out a destroyed and eye, cut or tore off an ear, cut slit, or mutilated the nose or lip, cut off or disabled a limb

Type two dangerous substance or weapon
Maliciously intended to maim or disfigure
Assaulted the victim with a dangerous weapon or substance
Disfigured, Crippled ,inflicted serious or permanent physical injury

Type three privy
Suspect was privy to someone else’s intent to maim or disfigure was present and aged in the commission

FELONY

Question 15

Do you have to have a permanent disfigurement in order to charge mayhem?

Answer 15

No

Question 16

Self-defense?

Answer 16

Warranted if:
Believes he’s in danger of personal harm

Attempts to avoid physical combat or unable to do so and

Uses only the force necessary under the circumstances

Exception is castle law occupants of their home do not have a duty to retreat - however if it is a guest or visitor to their home, they have a duty to retreat