Crimes against person Flashcards
Public disorderly conduct
Misdemeanor/ Summary court
- The accused was on a public roadway and intoxicated
- Subject was using obscene or profane language
- While under the influence, accused discharged a firearm
Driving under the influence
Class A, C, or exempt misdemeanor / Summary court (1st) General sessions (2nd)
- It is unlawful for a person to drive a motor vehicle within this state while under the:
- Influence of alcohol, drugs, or combination
Murder
Felony/ General sessions
- Unlawful killing of another person
- With malice aforethought, either express or implied
Voluntary manslaughter
A felony/ General sessions
- Unlawful killing of another person
- Without malice ( sudden heat of passion and upon adequate provocation)
Involuntary manslaughter
F felony/ General sessions
- Unlawful killing of another person
- Resulting from criminal negligence
Reckless vehicular homicide
E felony/ General sessions
- Unlawful killing of another person
- Operation of a vehicle in reckless disregard of the safety of others
Felony DUI
D,B felony/ General sessions
- The actor driving a vehicle under the influence
- Does an act forbidden by law
- Act or neglect proximately causes great bodily injury or death
Threatening life, person, or family of a public official or public employee
F felony/ General sessions
- It is illegal to willfully and knowingly threaten the life of another
- Illegal to deliver a written letter or verbal threat to a public official or public employee
- A: $5,000 fine and no more than 5 years
- B: $5,000 fine and no more than 30 days
Attempted murder
A felony/ General sessions
- Person with the intent to kill or attempts to kill another person with malice, commits the offense.
- Imprisoned no more than 30 years
Assault and battery HAN
Felony/ General sessions
- Causes great bodily injury or the act is accomplished by means likely to produce death or great bodily injury
- Imprisoned for no more than 20 years
Assault and battery 1st
Felony/ General sessions
- Injures another person, and the act involves non consensual touching or private parts or occurred during the omission of a robbery, burglary, kidnapping or theft.
- Imprisoned for no more than 10 years
Assault and battery 2nd
Felony/ General sessions
- Moderate bodily injury or injury in the act involving the non consensual touching or private parts
- Fined no more than $2,500 or imprisoned no more than 5 years.
Assault and battery 3rd
Misdemeanor/ summary
- Unlawfully injures another person or attempts to
- Fined no more than $500 or imprisoned fo no more than 30 days
Resisting arrest
C Misdemeanor/ General sessions
- A person willingly resist any lawful arrest
- Imprisonment no more than 1 year or fined of $500- $1,000
Assault on officer while resisting arrest
E Felony/ General sessions
- Knowingly and willingly assaults or beats a LEO
- Imprisoned for no more than 10 years or fined $1,000- $10,000
Resisting arrest with a deadly weapon
E Felony/ General sessions
- Any person who uses or threatens to use a deadly weapon against an officer
- Imprisoned 2-10 years
Illegal transportation of alcohol liquors
Exempt Misdemeanor/ Magistrates
- Cannot transport alcohol if the seal is broken except in the trunk, luggage compartment or cargo area
- Fined $100 or 30 days imprisonment
Open container of beer/wine in vehicle
Exempt Misdemeanor/ Magistrates
- May not posses an open container of beer or wine in a motor vehicle of any kind
- Fined $100 or imprisoned no more than 30 days
Purchase or possession of beer/wine under 21
Exempt Misdemeanor/ Magistrate
- Any person under 21 must not attempt to purchase or consume beer/wine
- Fine $100 -$200 or 30 days or both
Purchase or possession of liquor by a minor
Exempt Misdemeanor/ Magistrate
- Any person under 21 may not purchase or consume liquor
- $100-$200 or 30 days or both
Kidnapping
A Felony/ General sessions
- Unlawful seize, confine, inveigle, decoy, kidnap, abduct or carry away any person by any means
- Not to exceed 30 years
Criminal sexual conduct 1st
Felony/ General sessions
- Sexual battery with the victim and uses aggression to force victim.
- 30 years in prison
Criminal sexual conduct 2nd
Felony/ General sessions
- Sexual battery with the victim and uses aggravated coercion
- 20 years in prison
Criminal sexual conduct 3rd
Felony/ General sessions
- Sexual battery with the victim and uses force in the absence of aggravating circumstances
- 10 years in prison