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CRIM 2024 > Chapter 4- Assault > Flashcards

Chapter 4- Assault Flashcards

1
Q

What are the two types of assault?

A

Attempted Battery and Threatened Battery

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2
Q

Define Attempted Battery.

A

Suspect intended to commit a battery which involved touching victim in a harmful or unpermitted way

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3
Q

What constitutes an overt action in Attempted Battery?

A

Came reasonably close to battery

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4
Q

Give an example of Attempted Battery.

A

Throwing a punch and missing

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5
Q

Does the victim need to be afraid or aware of Attempted Battery?

A

No

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6
Q

Provide a common law example of Attempted Battery.

A

Attempting to kick someone but having shackles on that prevents it

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7
Q

Define Threatened Battery.

A

Intentionally menacing conduct causing fear of imminent Battery

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8
Q

Give an example of Threatened Battery.

A

Jumping out of a car and attempting to open another’s door while yelling

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9
Q

What is required for a verbal threat to be considered sufficient for assault

A

Needs to have some outward gesture

Verbal threats alone are not enough without accompanying actions.

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10
Q

What does the jury need to determine in an assault case?

A

Jury only needs to state an assault happened

The jury does not need to decipher which type of assault occurred.

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11
Q

What type of violence is associated with warrantless probable cause?

A

Domestic violence

Warrantless probable cause applies also during harassment situations.

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12
Q

What is the consequence of assaulting a person with a restraining order?

A

FELONY

Assault against a person with a restraining order is treated as a felony offense.

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13
Q

Fill in the blank: During harassment, warrantless _______ applies.

A

PC

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14
Q

True or False: Jury must differentiate between types of assault.

A

False

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15
Q

What is an example of an outward gesture in the context of verbal threats?

A

Approaching victim with flailing arms and screaming

This action can indicate intent to harm.

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16
Q

What constitutes an Assault with a Dangerous Weapon?

A

A felony involving attempted assault with no fear or threatened assault where the victim must have fear.

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17
Q

What are the two types of Dangerous Weapons?

A
  • Per Se: items by their nature that cause serious injury or death
  • Dangerous Use: used in a way that appears capable of causing serious injury or death
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18
Q

Provide examples of Per Se dangerous weapons.

A
  • Firearms
  • Knives
  • Brass knuckles
  • Martial arts equipment
  • OC SPRAY
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19
Q

What is a Deceptive Weapon?

A

Any weapon intended to convey the presence of a rifle, shotgun, or firearm to an average person; for example, a fake gun.

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20
Q

What are Unseen Weapons?

A

Weapons that are possibly possessed and reasonably believed to exist without being brandished.

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21
Q

True or False: A claim that a defendant has a per se weapon without brandishing it can be sufficient for assault.

A

True

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22
Q

What is insufficient for a claim of possession of a dangerous weapon?

A

If police arrive so quickly that there was no time to discard the weapon.

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23
Q

Fill in the blank: A fake gun is considered a _______.

A

[Deceptive Weapon]

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24
Q

What must a victim experience for a threatened assault to occur?

A

Fear

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25
Q

What is the legal implication of claiming to have a weapon like a knife in one’s pocket?

A

It can be sufficient if the defendant states they would kill the victim.

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26
Q

What must an item appear to be for it to be classified as dangerous?

A

Item must appear dangerous

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27
Q

What charge is used for uncapping a gas line in a house where you know people are sleeping

A

This action was classified as assault with a deadly weapon (ADW).

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28
Q

What constitutes a threatened battery?

A

Brandish, display, or talk about a weapon in a way to make the victim afraid

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29
Q

In common law, what action was classified as assault involving a firearm?

A

Firing a gun in the air several times

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30
Q

What action did the individual take in the 2023 incident involving a firearm?

A

Placed a gun in a holster on the hood of his car and asked who jumped his sister

This was classified as assault with a deadly weapon (ADW).

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31
Q

What does ADW stand for in a legal context?

A

Assault with a Deadly Weapon

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32
Q

What must the suspect intend to do for a charge of ADW?

A

Cause fear

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33
Q

True or False: The victim must actually be in fear for an ADW charge to be valid.

A

False

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34
Q

What is an example of an action that can constitute both attempted assault and menacing?

A

Driving a car at someone

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35
Q

In the context of ADW, what does the presence of a victim imply?

A

Assault and Battery requires the victim to be present

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36
Q

What legal concept is illustrated by a gunshot fired at a car with multiple occupants?

A

ADW on every person in the car

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37
Q

What is the significance of the victim’s reaction in an ADW case?

A

The victim does not have to express fear for the charge to apply

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38
Q

Does harmful touching require consent?

A

No, harmful touching occurs even if consenting

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39
Q

What type of conduct must results in more than non-trivial injury?

A

Reckless AB

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40
Q

What is Type 1 assault?

A

Offensive touching another, however slight, with no consent to do so

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41
Q

What characterizes Type 2 assault?

A

Intentional touching in a manner likely to cause bodily harm, with no right to do so

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42
Q

What defines Type 3 assault and battery

A

Reckless conduct causing bodily injury

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43
Q

What constitutes serious bodily injury?

A

Permanent disfigurement, loss or impairment of bodily function, limb, organ, or substantial likelihood of death

Serious bodily injury is categorized as a felony.

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44
Q

What is the right of arrest for AB of knowing or should knowing someone is pregnant?

A

Felony

This indicates a heightened legal responsibility and potential consequences.

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45
Q

What is ‘Accord and Satisfaction’ in legal terms?

A

A new legal concept where a judge can dismiss cases if the victim signs a written agreement and receives adequate compensation, excluding ABPO, DV, or felonies.

This allows for resolution outside of court in certain situations.

46
Q

What is the most common form of offensive assault?

A

A hit or push

Offensive assault can involve various forms of physical contact.

47
Q

What does ‘slight touching’ include in terms of assault?

A

Placing hand on victim’s throat or grabbing someone’s arm after they say they have to leave

These actions must be intentional to qualify as assault.

48
Q

What is the requirement for an act to be considered assault?

A

Must be intentional

Accidental actions, such as brushing someone’s hand, do not qualify.

49
Q

What is the term for bodily fluids that can be used as a form of assault?

A

Spitting or urinating on someone is AB

AB stands for Assault and Battery.

50
Q

What constitutes an injury from escape in the context of assault?

A

Victims injuries from escape of an immediate attack is AB

This refers to injuries sustained while attempting to escape from an attacker.

51
Q

What is the legal implication of food containing a non-lethal substance?

A

Food that contains a NON LETHAL substance which causes discomfort is AB
- can be selling or disturbing food that is expect to inure a person - felony

This highlights the seriousness of food safety and the legal responsibilities of sellers.

52
Q

Fill in the blank: Spitting or urinating on someone is considered _______.

A

AB

53
Q

True or False: Food with a non-lethal foreign substance causing discomfort can lead to felony charges.

A

True

54
Q

What does it mean to engage in harmful conduct?

A

You cannot touch someone in a way that would hurt them

Agreeing to fight is not a valid justification for harmful conduct.

55
Q

What is considered reckless behavior in the context of assault?

A

Victim attempting to take away a knife from a suspect trying to stab her is considered reckless

Must cause physical injury if the behavior is deemed reckless.

56
Q

Does the victim need to be known for an assault to be prosecuted?

A

No, the victim does not have to be known

Eyewitness accounts without victim information are sufficient.

57
Q

What is transferred intent in criminal law?

A

Committing an assault with intent to hit someone else

Example: Lighting a kid on fire and someone gets hurt trying to put the fire out.

58
Q

Is displaying a knife at one person while causing fear in others considered assault?

A

Yes, it is considered assault

The fear caused to others in the group is relevant.

59
Q

Fill in the blank: The victim must cause _______ if the behavior is reckless.

A

PHYSICAL INJURY

60
Q

True or False: A victim must always be identified in assault cases.

A

False

61
Q

Lighting a kid on fire and people get hurt trying to put it out is that Ab

A

Yes

62
Q

Can AB SBI be the result of treatment?

A

Yes, metal plates used to repair cheek bone was permanent disfigurement

63
Q

Stitches for a cut above the eye, SBI?

A

Yes permanent disfigurement

64
Q

Is permanent injury required under the impairment prong of SBI?

A

No

65
Q

Broken jaw, bleeding throat causing impaired breathing, impaired vison from broken nose, and broken teeth are all

A

Impairment under SBI

66
Q

Laceration to the liver SBI?

A

No

67
Q

The disciplinary privelage allows for a ——— amount of force

A

Reasonable

68
Q

Aggravated ABDW offenses

A

18 years old committed ABDW on someone under 14

SBI

Pregnant

Outstanding restraining order

69
Q

Slightly touching someone with a weapon is enough if

A

You intended it to be an assault

70
Q

Putting an IV into a drunk girl who doesn’t consent

A

Good

71
Q

Throwing a table out of frustration tha accidentally hits your wife and injured her

A

Reckless ABDW

72
Q

Three weapons for ABDW

A

Lit cigarette

Aerosol can to face

Duct tape

73
Q

Do you have to have control over the item

A

No, concrete or water could be used

74
Q

Is conscious use of the item needed? Two examples

A

Hot coffee thrown at someone and lid comes off

Smashing window and people are harmed by the glass

75
Q

New case - suspect pushes victim and she falls then hits her head on the door knob is this ABDW

A

No

76
Q

Are human teeth or other body parts considered a dangerous weapon

A

No

77
Q

AB to collect a loan ROA - is it a defense that they were owed the money

A

Felony and no

78
Q

AB gang solicitation ROA and elements

A

Felony -

AB on someone under 18
Intent to correct them to join criminal enterprise

3 or more people with common name. Identifying symbol or sign

Who collectively or individually engage in criminal activity

79
Q

Hate crime AB ROA and felony

A

In presence

Felony when bodily injury

80
Q

AB public employee

A

In presence

81
Q

AB Public transport operator

A

On PC

82
Q

EMT or health care working ROA

A

In presence

83
Q

Assault with aggravating factors

A

Unarmed intent to rob or steal

Intent to murder or maim

Intent to commit a felony

Intent to rob or murder

Armed assault in dwelling

Restraining order

Domestic subsequent offense

Intent to rape

84
Q

AB aggravated factors

A

Under 14- bodily injury

Collect a loan

Corrections officer

Disabled person

60 and over

Gang

Intellectually disabled

SBI

Restraining orde

Subsequent domestic

Suffocate or strangulate

85
Q

What is the most important part about mayhem

A

The intent to disfigure or maim

86
Q

Three ways to commit mayhem

A
  • specific acts
  • dangerous substance
  • privy
87
Q

Specific acts examples for mayhem

A
  • cut out or maim tongue, eye, tore ear, slit nose or lip, cut off or disable a limb
88
Q

Dangerous substance or weapon example

A

Assault with dangerous weapon or substance and disfigure, maim, or inflict SBI

89
Q

What is privy

A

Present on scene and aid in commission with same intent

90
Q

Is lighting someoke on fire mayhem

A

Yes

91
Q

Slashing razor blade on someone’s body multiple times

Or

Slashing boyfriend in face with knife because of jealousy after cheating

A

Both yes

92
Q

Single incident bar fight someone ear but with a beer bottle

A

No

93
Q

Metal pipe to the head causing brain matter to fall out

A

Yes

94
Q

What three things does a dangerous weapon or substance include

A

Weapon, substance, and chemical

95
Q

Hitting an unconscious person in the head with a bat

A

Yes

96
Q

Rubbing bleach or dirt in someone’s eyes

A

Yes

97
Q

What must the attack must do to a person for mayhem

A

Disfigure - cripple- inflict serious injury

98
Q

What is the most important parts of privy

A

Knowledge of attack and same Malicious intent

99
Q

What standard must self defense be proven

A

Beyond a reasonable doubt

100
Q

When is self defense warranted

A

In danger of personal harm

Attempts to avoid combat or is unable to

Only uses force necessary

101
Q

Non deadly force can be used to

A

Protect self, property, or eject trespasser

102
Q

Deadly force is used when you are

A

In imminent danger of death or SBI

103
Q

Factors to consider for self defense

A
104
Q

Factors to consider for self defense

A

Physical ability

Prior use of force

Weapons

Means of escape

Legit belief of danger

105
Q

When does self defense occur in mutual combatants

A

When a weapon is unexpectedly entered or force changes

106
Q

When can an instigator of a fight claim self defense

A

When they make their intentions to retire known and withdraw

107
Q

Castle law exemption only applies to one place

A

Inside the home

108
Q

Castle law does not apply to the following people

A
  • visitors
  • guests
  • police
109
Q

Can you step in an defend your brother while he gets beat up after trying to rob someone

A

No

110
Q

What is the defense of accident

A

Person claims they did not mean to use force

Commonwealth must prove it was intentional

CRIM 2024 (17 decks)

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