Crimes Against Persons

Question 1

What are the seven (7) main Assaults?

Answer 1

1) Assault + Battery
2) Agg. Assault
3) Assault w/ Dangerous Weapon
4) Assault w/ Intent for Great Bodily Harm
5) Assault w/ Intent to Murder
6) Homicide
7) Manslaughter

Question 2

How does Assault differ from Battery in Michigan?

Answer 2

Assault captures the INTENT and ABILITY to commit/cause fear of a Battery.(Intent & Ability + Commit/Cause Fear)

Battery is the overt act (forceful, violent, offensive)

Question 3

What makes up an Aggravated Assault?

Answer 3

Elements of an A+B with an injury requiring medical attention. Remember, A+B requires the elements of 1. Intent & Ability + 2. Commit/Cause Fear

Question 4

When does Aggravated Assault differ from Aggravated Assault w/ a Dangerous Weapon?

Answer 4

These differ when an “instrument” is used for the assault that can be constituted as a dangerous weapon. This can include objects inherently dangerous such as a knife, and also hands depending on a variety of factors like severity of injuries, number of strikes, location of strikes, etc.

It also differs in that an Agg. Assault requires an injury. Arguably, Assault w/ a Dangerous Weapon does not include an element for injury caused.

Question 5

How is Assault w/ a Dangerous Weapon similar to Assault w/ Intent to Cause Great Bodily Harm?

Answer 5

These are similar because neither require injury. However, Ass. w/ Dangerous Weapon includes the element for a Dangerous Weapon, when Assault w/ Intent for GBI simply requires the elements of A+B w/ GBI.

Question 6

What’s a felonious assault?

Answer 6

A felonious assault is any assault that meets the level of Assault w/ a Dangerous Weapon or greater (SBI/GBI(+)).

Question 7

What separates the four degrees of Child Abuse?

Answer 7

Intentional vs. Byproduct of an Intentional Act and the severity of harm caused (GBI vs. BI).

Question 8

What’s Child Abuse 2nd Degree?

Answer 8

Child Abuse 2nd Degree includes the byproduct of an intentional act that would recklessly or likely cause SBI/GBI to a child. Also incl. lack of welfare leading to SBI/GBI, and cruelty (torture, brutal, etc.)

Question 9

What’s Child Abuse 4th Degree and what’s the severity of the crime?

Answer 9

Misdemeanor. Includes Intentionally committed an act that would likely put child at risk of harm.

Question 10

What is Child Abuse 3rd Degree?

Answer 10

Intentional act WITH physical harm.

Question 11

What’s the penalty for Contributing to Delinquency of Minor?

Answer 11

90-Day Misdemeanor.

Question 12

What elements have to be present for any Child Abuse charge?

Answer 12

Parent/Guardian/Custody/Authority (no matter how long) + <18y.o.

Question 13

How are Carjacking and Unlawfully Driving Away an Automobile (UDAA) different?

Answer 13

Carjacking is UDAA with assault/force/etc., and also includes an element that an operator, passenger, or “hero” was victimized during the commission of the MV larceny.

Question 14

Are Home Invasion and Robbery the same? What about Robbery and Larceny From a Person?

Answer 14

No. A Robbery involves nothing more than Larceny and force/assault/etc. Home Invasion has to involve a dwelling and an intent (+) to commit a felony, larceny, or assault.

Robbery and Larceny from a Person differ because Larceny from a Person does not include force/assault/etc.

Question 15

How are Home Invasion, Robbery, and Larceny From a Person similar? How are they different?

Answer 15

Home Invasion involves a dwelling and intent (+) to commit a felony, larceny, or assault.

Robbery in a Larceny From a Person, but with a show of force/assault/etc.

Robbery and Home Invasions also vary in degree/charge based on whether weapons were used.

Question 16

What are the elements of Breaking and Entering and Entering Without Breaking?

Answer 16

B&E, or its counterpart, includes elements of:

1) Structure/Building
2) Intent(+) to commit larceny or felony
3) B&E: Show of Force

Question 17

How does B&E and Entry Without Owner’s Permission (EWOP) differ?

Answer 17

A B&E has an intent to commit a larceny or felony. A true B&E (not Entering w/o Breaking) also includes a show of force, etc. to gain entry.

Question 18

When would you charge Entry Without Owner’s Permission (EWOP) vs. Trespassing?

Answer 18

EWOP refers to entering a structure(s) without permission. Trespassing includes having been notified by an owner (etc.) and/or refusing to leave after having been denied permission to enter/remain.

Question 19

When does Lying to a Police Officer apply?

Answer 19

When a false statement, or concealing of material fact to a criminal investigation, is knowingly and willfully made and a crime that is a serious misdemeanor (+) is under investigation. (OWI w/damage or injury, contributing to delinquency of minor, etc.)