Criminal Law Flashcards
Type 1: Fraudulently Procuring Food or Accommodations for Credit
Procuring from a hotel or motel without paying, the suspect obtained food, entertainment, or accommodations from a hotel, motel, or other lodging house; With the intent to cheat or defraud the owner (unless, at the time, the suspect had an express agreement for credit)
Example sentence: The suspect obtained a room at a hotel without paying, intending to cheat the owner.
Type 2: Fraudulently Procuring Food or Accommodations for Credit
Procuring from a restaurant without paying, the suspect obtained food and/or beverage from a ‘common victualer’ (a licensed restaurant); with the intent to cheat or defraud the owner.
Example sentence: The suspect dined at a restaurant and left without paying, intending to defraud the owner.
Trespass after Notice
Without right. The suspect entered or remained without right; Property of another. On or in the dwelling, building, boat, improved or enclosed land, wharf, or school bus of another; Notice. Even though a person with lawful control had forbidden the suspect’s presence: -Directly; or -With a posted notice; or -Through a 209A, s 3 and 4, or 208 s 34B court order (order to vacate marital home).
Example sentence: The suspect trespassed on private property despite being forbidden by a posted notice.
The 5 ways that property owners communicate to the public the areas that are off limits
- Posted sign
- Verbal ejection
- Privacy precautions
- No trespass notice
- Court order
Example sentence: Property owners use various methods to communicate areas that are off-limits to the public.
Examples of privacy precautions
Examples include a fence, walls, locked gates, or doors.
Additional information: Privacy precautions are physical barriers used to prevent trespassing.
Defacing or Damaging Property
Malicious or wanton. The suspect maliciously or wantonly; -Destroy or deface. Marked, injured, defaced, or destroyed; -Property of another. The real or personal property of another.
Example sentence: The suspect was charged with defacing public property in a malicious manner.
What are the five classes of controlled substances?
- Class A
- Class B
- Class C
- Class D
- Class E
Additional information: Controlled substances are categorized into five classes based on their potential for abuse and medical use.
Examples of Class A
-Heroin
-Ketamine
-Fentanyl
-Carfentanil
Example sentence: Class A substances like heroin and fentanyl have a high potential for abuse.
Examples of Class B
-Cocaine
-Methadone
-Oxycontin
-Percocet
-MDMA (Ecstasy)
-Methamphetamine
-PCP (Angel Dust)
Example sentence: Class B substances such as cocaine and methamphetamine are commonly abused drugs.
Examples of Class C
-Valium
-Synthetic marijuana
-Psilocybin (Magic Mushrooms)
-Bath salts
Example sentence: Class C substances like synthetic marijuana have a moderate potential for abuse.
Examples of Class D
-Marijuana
Example sentence: Marijuana is classified as a Class D controlled substance.
Examples of Class E
-Prescription drugs not listed in any other class
-Gabapentin
Example sentence: Gabapentin is an example of a Class E controlled substance.
Possession of Controlled Substances
Knowingly. The suspect knowingly; -Possessed. Possessed some perceptible amount of a controlled substance in any class, or more than 2 ounces of marijuana; and -Without lawful reason. The suspect did not have a valid prescription or other legal basis.
Example sentence: The suspect was arrested for possession of a controlled substance without a valid prescription.
You place a person under arrest on a warrant. During the search incident to a lawful arrest, you find two small bags of crack cocaine from the suspect’s front pocket. In addition to the warrant, what will you charge the person with?
You will charge him with possession of Class B.
Example sentence: The suspect was charged with possession of a Class B controlled substance.
The definition of distribution is?
‘To deliver other than by administering or dispensing a controlled substance.’ Distribution is any non-medical delivery of drugs.
Important!! a. Delivering drugs is distribution even though no money is exchanged. b. Sharing drugs is distribution except when the offenders either obtain the drugs together at the same time or ‘socially share’ marijuana.
The ‘plus factors’ to prove possession with intent to distribute
- Quantity (no minimum required)
- Purity
- Street value
- Cash (how it is carried)
- Packaging
- Paraphernalia
- Drug sales area
- Presence of firearm
Additional information: Plus factors are used to determine possession with intent to distribute.
Trafficking is defined as…
To knowingly and intentionally manufacture, cultivate, distribute, or dispense; OR to possess with intent to manufacture, cultivate, distribute, or dispense; OR carried into the Commonwealth; a specific amount or mixture of a controlled substance.
Remember: Trafficking is all about the weight!!
Common trafficking weights include:
-Marijuana
-Cocaine
-Heroin
-Methamphetamine 18g or more
-Fentanyl 10g or more
-Carfentanil Any amount
50 lbs or more 18 grams or more 18 grams or more
Additional information: Trafficking weights vary depending on the type of controlled substance.
What are the two types of firearms licenses in Massachusetts?
-LTC
-F
Additional information: LTC stands for License to Carry.
Common trafficking weights for different substances
Marijuana - 50 lbs or more
Cocaine - 18 grams or more
Heroin - 18 grams or more
Methamphetamine - 18 grams or more
Fentanyl - 10 grams or more
Carfentanil - Any amount
Remember: Trafficking is all about the weight!!
Types of firearms licenses in Massachusetts
LTC - Allows rifles, shotguns, and handguns in public
FID - Allows rifles or shotguns in public
Unlawful Possession of a Firearm/Rifle/Shotgun outside of Home or Business 269 s 10 (a)
The defendant knowingly possessed (outside home or business), or had under his control in a motor vehicle, a firearm (barrel < 16 in); doesn’t have a valid license to possess the firearm outside of his home or office; does not qualify for one of the statutory exemptions from the licensing requirements.
Right of arrest - Felony
Unlawful Possession of Firearm, Rifle, Shotgun, or Ammunition 269 S 10 (h)
The S possessed an item; The item meets the legal definition of a firearm and/or ammunition; and That the S knew they possessed the firearm; and The S did not have a valid FID card or the S did not qualify for one of the exemptions in the law that are a substitute for having a valid FID card.
Right of arrest - misdemeanor on PC
Unlawful Possession of a Loaded Firearm 269 S 10 (n)
Suspect knowingly and unlawfully possessed a loaded firearm; Adds additional jail time; Defendant must know the firearm was loaded (SJC ruling); This is not a stand-alone charge. The S must be charged with a violation of 269 s 10(a) or (c), as well.
There is no statutory right of arrest. It is an additional charge to 269 s 10a or 10c (machine gun)
Typical charges for a firearm arrest
269 s 10 (a) - Poss of FA w/o a license
269 s 10 (h) - Poss of ammo w/o FID card
269 s 10 (n) - Poss of loaded firearm
Large capacity for firearm and rifle
More than 10 rounds
Large capacity for a shotgun
More than 5 rounds
