Cl Ch. 4 Assault Offenses Flashcards
Assault can occur in two ways. What are they?
Type 1: An attempted battery (victim need not be afraid)
Type 2: Threatened battery: Putting a person in fear of battery
ADW
For a threatened battery, the suspect must brandish, display , or even (blank) in a way that is designed to make the victim afraid.
even talk about his weapon
Note: The suspect must intend to cause fear. However, it is not necessary that the victim experience fear.
An attempted battery (for purposes of ADW) occurs when the suspect:
thrusts, pushes, or discharges a weapon within striking distance of the victim.
ADW
Dangerous use: In this category, normal items become weapons when used in a dangerous fashion- Must the item appear to be dangerous?
For Assault by means- Yes.
If a suspect claims to have a per se weapon, does he need to brandish it to commit ADW?
No.
Suspect may be taken at his word. However, he cannot be convicted if there is no possible way he possessed a weapon at the time he claimed to.
Examples of per se weapons:
-Firearms
-knives
-brass knuckles
-various martial arts weapons
-courts also include pepper spray (OC)
Can a person be convicted of Assault Dangerous Weapon if the weapon used was a fake gun?
Yes.
265 Sec 58 makes possessing a deceptive weapon qualify as being armed for any crime against a person in Chapter 265.
Two types of dangerous weapons:
- Per se weapons
- Dangerous use weapons
Assault Dangerous Weapon
Elements: (2)
ROA:
- Assault- committed an assault by attempting a battery or threatening to commit battery with intent to cause fear;
- Dangerous weapon- by using a dangerous weapon.
ROA: Felony
Assault Dangerous Weapon
ROA:
Felony.
Are verbal threats alone sufficient for type 2: Threatened Battery?
No.
A verbal threat to do harm becomes an assault when accompanied by some outward gesture.
Ex. taking a step forward toward victim was the menacing conduct
In order to prove assault by threatened battery, the suspect must have (blank) engaged in (blank) conduct that reasonably caused the victim to fear an (blank) battery.
- intentionally
- menacing
- imminent
Note: victim must “actually experience fear of immediate physical harm.”
Assault
For type 2: Threatened Battery, does the defendant need to intend to harm the victim?
No.
The suspect must intend to cause fear.
Assault
For type 1: Attempted Battery, does the intended battery need to be possible?
No.
ex. defendant in shackles tried to kick officer’s face
Assault:
For type 1: Attempted battery, is it necessary to show the victim was afraid?
No.
Victim doesn’t even need to be aware of the attempted battery.
Most obvious example of an attempted battery:
Throwing a punch at someone and missing
“swing and a miss”
Assault against a person with restraining order against defendant:
ROA:
Felony.
3 situations in which Assault becomes arrestable:
- During domestic violence (arrestable on PC)
- During harassment (arrestable on PC)
- Against person with Restraining order (209A, 209, 208, 209C in effect) = Felony.
** Also Assault in presence is arrestable as a breach of peace
Assault (basic offense)
ROA:
Arrest for breach of peace in presence only- otherwise, complaint
Assault:
Type 1: Attempted Battery:
Elements:(3)
- 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
Assault:
Type 2: Threatened Battery:
Elements: (3)
- The suspect intentionally engaged;
- In menacing conduct:
- That caused the victim to fear an imminent battery.
Officer was working a detail at home depot. He saw suspect throw several boxes over a chain link fence. Confronted by the officer, suspect ran to his truck and “threw it in drive”. The truck lurched forward towards the officer, who drew his weapon. Suspect stopped quickly, then drove away. He was eventually apprehended.
This is an example of sufficient evidence of: (2)
both attempted AND threatened ADW.
-attempted to commit battery when truck lurched towards officer
- same conduct qualified as threatened battery because it was designed to cause officer to “fear for his life”. Truck was a “dangerous use” weapon.
One shot at fired at multiple victims justifies:
multiple ADW counts.
Ex. fired gun into motor vehicle- suspect “fired at point blank range and endangered all four occupants”.
Note: The evidence also showed that it may have been a backseat passenger who actually fired the weapon at the vehicle. This made no difference to the court because the defendant would still be guilty as an accomplice, since he was clearly the instigator of the shooting.
Assault and Battery (A&B) occurs in 3 ways:
- an intentional, unconsented touching of another;
- an intentional, harmful touching of another; or
- a reckless act that causes injury to another.
May a single act support simultaneous convictions of ADW and malicious destruction of property?
Yes.
Ex. shooting gun both frightened the bartender and damaged the bar
Assault and Battery (A&B) Ch. 265 Sec. 13A:
Type 1: Offensive- An intentional, unconsented touching of another:
Sub- Elements:(3)
- The suspect intentionally touched another person, however slight;
- Without having any right or excuse to do so; and
- The person touched did not consent.
Assault and Battery (A&B) Ch. 265 Sec. 13A:
Type 2: An intentional, harmful touching of another:
Sub- Elements: (3)
- The suspect intentionally touched another person,
- In a manner likely to cause bodily harm
- Without having any right or excuse to do so
Assault and Battery (A&B) Ch. 265 Sec. 13A:
Type 3: Reckless- a reckless act that CAUSES injury to another:
Sub- Elements: (2)
- The suspect engaged in reckless conduct;
- Which caused bodily injury to another.
Assault and Battery (A&B) Ch. 265 Sec. 13A:
ROA:
Basic Offense
Arrest for breach of peace in presence. Otherwise, complaint.
Assault and Battery (A&B) Ch. 265 Sec. 13A:
During Domestic Violence Assault or A&B:
ROA:
Warrantless Arrest on Probable cause
Depending on the relationship of the parties, officers will charge the A&B under 265 Sec 13M or 265 Sec 13A.
Assault and Battery (A&B) Ch. 265 Sec. 13A:
ROA:
During Harassment
Warrantless arrest on Probable Cause
Charge under 265 Sec 13A
Assault and Battery (A&B) Ch. 265 Sec. 13A
Causing Serious Bodily Injury
ROA:
Felony.
- a permanent disfigurment
- loss or impairment of bodily function, limb, or organ
- substantial risk of death
*If a victim seriously hurts themselves in avoiding the perceived battery, the assailant could be charged with felony A&B
Assault and Battery (A&B) Ch. 265 Sec. 13A
Against person who suspect knows, or should know, is pregnant
ROA:
Felony.
Assault and Battery (A&B) Ch. 265 Sec. 13A
Against person with restraining order
ROA:
Felony.
Assault and Battery (A&B) Ch. 265 Sec. 13A:
If Strangulation or Suffocation
ROA:
Felony.
Except for A&B’s involving police officers, domestic violence, or felonies, judges are authorized to dismiss an A&B or other misdemeanor if the victim voluntarily:
signed a written agreement and received adequate compensation.
Assault and Battery (A&B) Ch. 265 Sec. 13A:
Type 1:
Most common:
hit or push.
Assault and Battery (A&B) Ch. 265 Sec. 13A:
Even slight touching sufficient if victim:
did not consent.
- the touching must be on purpose, since the law does not punish incidental contact
Assault and Battery (A&B) Ch. 265 Sec. 13A:
Do bodily fluid (i.e. spitting) qualify for A&B?
Yes.
The suspect commits (blank) if he causes the victim to fear an immediate attack, which then leads to the victim’s injury while trying to escape.
A&B
If suspect is armed with dangerous weapon = ABDW
Delivering food that contains a nonlethal substance, which causes discomfort, is:
A&B
- Should the facts warrant, officers may use another offense. 270 Sec 8A prohibits selling or distributing candy to other food containing a foreign substance that is intended or reasonably expected to injure a person- FELONY
True or false:
It is illegal to touch someone in a way that is likely to hurt them.
True.
people may not agree to fistfight
same applies to sexual acts such as “asphyxiation for sexual gratification”
Assault and Battery (A&B) Ch. 265 Sec. 13A:
Reckless conduct occurs when a suspect realizes, or should realize, the danger associated with his reckless conduct but:
does it anyway.
Assault and Battery (A&B) Ch. 265 Sec. 13A:
The reckless conduct must result in:
Physical injury.
the injury need not be permanent, but it must be more than trivial
Is the identity of the victim an element of A&B offenses?
No.
unknown woman beaten by the defendant with his cane on a public street; the fact that the police never located or ID the victim did not prevent the defendant’s conviction based on an eyewitness testimony
A suspect commits A&B if, while intending to hit a particular person, the suspect accidentally punches a bystander. This describes:
Transferred intent.
*applies to all assaults, including those with a weapon (ex. defendant intended to murder one person and ended up killing another.
Assault and Battery (A&B) Ch. 265 Sec. 13A:
Does transferred intent apply when a defendant harms both the intended victim and one or more unintended victims?
Yes. Can be charged the same
The serious injury for felony A&B may be direct, or a:
consequence of treatment.
Ex. metal plates beneath the skin to repair the victim’s cheekbone amounted to a permanent disfigurement even though the injury was concealed.
The serious injury for felony A&B may be direct, or a consequence of treatment.
Does a scar qualify as disfigurement?
Yes.
Ex defendant head butted victim, who required stitches for a cut above her eyebrow; injury amounted to “permanent disfigurement’ because it caused a permanent scar.
The serious injury for felony A&B may be direct, or a consequence of treatment.
Is permanent injury required under “impairment” standard?
No.
ex defendant punched victim and broke his jaw
Public educator may not strike students.
Unless:
they are acting in self defense.
Assault & Battery by Dangerous Weapon (ABDW)
ROA:
Felony.
Assault & Battery by Dangerous Weapon (ABDW)
Elements:
- An intentional, unconsented touching
-an intentional, harmful touching
-a reckless act that caused injury - By means of a dangerous weapon
Assault & Battery by Dangerous Weapon (ABDW)
ABDW becomes an aggravated offense if: (4)
- Is 18+ and victim is under 14
- Serious bodily injury
- Pregnant
- Restraining Order
Assault & Battery by Dangerous Weapon (ABDW)
Slightly touching the victim with a weapon is sufficient if the contact was intended:
as an assault.
Assault & Battery by Dangerous Weapon (ABDW)
Slightly touching the victim with a weapon is sufficient if the contact was intended as an assault. On the other hand, the suspect’s intent is irrelevant when:
dangerous contact occurs.
Assault & Battery by Dangerous Weapon (ABDW)
If based on reckless conduct, the ABDW must:
cause injury.
ABDW may involve either a (blank) or (blank) weapon.
per se, dangerous use
*the weapon must come into contact with the victim.
Also, ABDW may be the result of indirect force (suspect intentionally pushes a barrel into another barrel that strikes the victim)
Assault & Battery by Dangerous Weapon (ABDW)
The suspect does not have to consciously use the object:
as a weapon.
Whether an object is a dangerous weapon turns on the way it was used, not the offender’s intent.
Assault & Battery by Dangerous Weapon (ABDW):
Defendant pushed the victim when she started to walk away. She fell into a door and, as she went down, hit her head on the doorknob. Proper charge?
A&B
*NOT ABDW- defendant did not use the door intentionally as a weapon and no evidence he used the door knob in a reckless manner
Assault & Battery by Dangerous Weapon (ABDW)
As with ADW, a suspect who claims to have a weapon may be taken at his word, if his claim was reasonably believed and the victim:
felt an object.
Ex victim felt sharp object against her neck, suspect convincingly said he had a knife
ABDW
Even if the victim is unaware that a weapon was used, officers may still charge ABDW in the basis of:
the victim’s wounds
Note: no need to specify or produce dangerous weapon (at trial for a conviction)
Are human hands, teeth, or other body parts dangerous weapons?
No.
But shod foot is.
Human hands, teeth, or other body parts are not dangerous weapons, but (blank) is.
Shod foot.
A shoe is a weapon if it is capable of causing greater injury than an unshod foot.
ABDW
While an “unadorned hand” is not a dangerous weapon, a large ring may be depending on:
how it was used.
ABDW
Precise actions of each accomplice need not be shown.
True
Ex. evidence showed all three defendants had, at the very least, beaten the off duty police officer; this demonstrated a concerted enterprise on their part; they could all be convicted as accomplices to ABDW
Mayhem is an assault in which the perpetrator has a :
cruel state of mind- the desire to maim or disfigure.
Mayhem:
Type 1: Specific Acts
Elements:
The suspect maliciously intended to maim or disfigure; and committed one of the following acts:
-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
-Cut off or disabled a limb or member of the victim.
Mayhem
Type 2: Dangerous Substance or Weapon:
Elements: (3)
- The suspect maliciously intended to maim or disfigure; and
- assaulted the victim with a dangerous weapon or substance; and
- Disfigured, crippled or inflicted serious or permanent physical injury
Mayhem:
Type 3: Privy
The suspect was privy to someone else’s intent to maim or disfigure, or was present and aided in the commission of this crime.
Mayhem:
Regardless of the manner in which the crime is committed, the suspect must possess a (blank) to maim or disfigure.
specific intent.
Single strike with beer bottle in the midst of a brief bar fight, which nearly severed the victim’s ear.
Is this Mayhem?
Insufficient evidence to show an intent to maim
Mayhem:
Does the fact that the victim completely recovers prevent a charge of mayhem?
No.
Once a defendant introduces evidence that he acted in self defense, the commonwealth must prove (standard of proof) that he did not.
Beyond a Reasonable Doubt.
Self defense is warranted if the suspect reasonably: (3)
- Believes he is in danger of personal harm
- Attempts to avoid physical combat or is unable to do so; and
- Uses only the force necessary under the circumstances.
Self Defense:
Reasonable concern over one’s personal safety is the proper standard when non-deadly force is used. Non-deadly force may also be used to: (2)
(1) eject a trespasser or to
(2) protect one’s property
People may use non-deadly force for: (3)
- Personal Safety
- Eject Trespasser
- Protect Property
A person may only resort to deadly force when he reasonably believes that he is in:
imminent danger of death or serious bodily injury.
when assessing a self-defense claim, Officers must consider: (5)
- Physical ability of combatants
- Assailant’s prior use of force against others
- Characteristics of any weapons used.
- Available means of escape
- Legitimate belief of danger
Self Defense:
Is boxing or martial arts history proof that someone is likely to be aggressive?
No.
In the case of mutually agreed combat, the law does not allow for a claim of self defense unless:
a weapon or other type of force is unexpectedly introduced into the brawl.
Then, the person on the receiving end may be justified in using force to meet the threat.
Self Defense:
Although unusual, it is possible that the instigator of a fight may be justified in resorting to self-defense if he :
“makes known his intention to retire and withdraws in good faith”
The right of self defense does not exist until a person has reasonably tried to:
avoid combat.
Occupants in their home have no duty to retreat. They may use reasonable force to defend themselves or others against unlawful intruders. This describes:
Castle Law.
Occupants in their home have no duty to retreat. They may use reasonable force to defend themselves or others against unlawful intruders.
The intruder must be:
Inside the home.
Castle Law does not apply:
-to a place of business
-front porch or stairs
-driveway
True or false:
Does Castle Law justify force against a police officer in one’s home?
Never.
Citizens only have a right of self defense if an officer uses excessive force.
Defense of others:
A person may use (blank) to protect another that he could use to protect himself.
the same force
Note: This rule encourages people to aid third parties who are in danger.
*One may not intervene to retaliate
*One may not assist a criminal
Defense of others:
True or false:
One may not assist a criminal.
True
Ex. defendant could not claim defense of another when he stepped in to defend his brother, who was engaged in an armed robbery of the victim; committing an armed robbery(or criminal act) forfeits any claim of self defense.
If a suspect claims that he did not mean to use force, this is the:
“Accident Defense”
An accident is “an unexpected happening that occurs without intention or design on a person’s part”
Does a broken jaw constitute “serious bodily injury”?
Yes.
What is the difference between an attempted battery and a threatened battery?
Attempted battery: The suspect must have taken an overt step, and it is NOT necessary to show that the victim was afraid or even aware of the attempted battery.
Threatened battery: The suspect must engage in menacing conduct that causes the victim to fear an imminent battery. Imminent means immediate or “about to happen”
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.
Also, there is no “imminent” threat of battery. Greg was talking about the next day.
The defendant brandishes a knife within 10 feet of the victim and moves toward him. The victim runs away. This is an assault with a weapon by:
An Attempted battery AND a Threatened battery.
What are the three types of A&B?
- Offensive
- Harmful
- Reckless
During what he perceives as a “polite conversation” in the parking lot, Jim makes several comments about the victim’s appearance, asks her on a date, and takes her arm to pull her closer to him. The victim feels very uncomfortable and tells Jim that she has to return to work. Jim pulls the victim’s arm a second time. Does this qualify as A&B?
Yes, by saying she had to leave, the victim displayed her lack of consent to being touched.
Which of the following would trigger your felony arrest powers?
- Jim slaps his 62 year old mother; there is no injury
- Buck punches john and breaks his jaw; they have no domestic violence relationship
- Andrea assaults, but does not touch, Sarah with a hypodermic needle
All of these constitute felonies.
Following closing time, a bar fight occurs on the sidewalk. Buck punches Bill in the chin and breaks his jaw. The police arrive on scene after the fight. Buck and Bill are not covered under the domestic violence law. What is the strongest action the officer may take?
Arrest for felony.
Broken jaw constitutes “Serious bodily injury”
Rick and Shawn share several beers at a football game. After they have become intoxicated, they begin to argue. Rick challenges Shawn to a fight and he agrees. Rock throws a punch at Shawn, but Shawn ducks. Rick accidentally hits a man who is standing behind Shawn.
What crime, if any, is Rick guilty of with regard to the man he hit? Why?
A&B on the man he hit under the doctrine of transferred intent
ABDW
Must the weapon come in contact with the victim?
Yes.
17 ways that an A&B becomes a felony:
PRIDE CLINGGS withIN US for Police.
- Pregnant
- Retraining order
- Intimate partner(SUBSEQUENT)
- Disabled
- Elder
- Correctional officer
- Loan
- Intellectually disabled
- Needle
- Gang
- Gun discharge
- Suffocate/strangle
- Weapon
- Indecent
- Under 14 bodily injury
- Serious bodily injury
- Disarm police, or serious injury
If a suspect shoots at someone with a firearm, but misses, what are the proper potential charges?
- Attempted A&B by Discharging Firearm
- Assault with Intent to Murder
If a suspect shoots at someone and hits them (but does not kill), what are the proper potential charges?
- A&B by Discharging Firearm
- Assault with Intent to Murder
A&B for Purpose of Gang Solicitation makes it a crime to: 91) commit an A&B on a child under (blank); (2) with the intent to cause or coerce the child to join or participate in a (blank)- which is defined as a street gang or other organization of (blank) or more persons, with a common name, identifying symbol or sign, and whose members individually or collectively engage in criminal activity.
18; Criminal conspiracy; 3.
List the 3 ways Mayhem is committed:
- Through specific acts
- By a dangerous substance
- By being Privy to someone else’s intent to maim.
With respect to the crime of Mayhem, (blank) means that the suspect is aware of the impending attack and agrees is should occur, even though he is not present during the crime.
Privy
When is self defense warranted?
Self defense is warranted when the suspect reasonably believes he is in danger of personal harm, attempts to avoid combat or is unable to do so, and uses only the necessary force to defend himself.
