Criminal Law

Question 1

Protect victims against abuse (Domestic violence)

Answer 1

M.G.L 209A

Question 2

• Permanent disfigurement
• Loss or impairment to bodily function
• Substantial risk of death

Answer 2

SBI (Serious Bodily Injury)

Question 3

Rights of arrest misdemeanor

Answer 3

• In presence, breach of the peace
• In presence, statutory
• Probable cause, statutory

Question 4

Theft from person with weapon; Force or fear
- Right of Arrest: Felony
- Doesn’t have to show the weapon

Answer 4

Armed Robbery

Question 5

Theft from a person without weapon
- Right of Arrest: Felony
- Suspect must take control or possession of victims property
- One or the other (Don’t need both force and fear)

Answer 5

Unarmed Robbery

Question 6

Two Types of Dangerous Weapons

Answer 6

• Per se: An item that was made to hurt someone
• Dangerous Use: Its function is not dangerous, but you use it as such

Question 7

Assault with intent to murder or maim

Answer 7

• The suspect must assault the victim with the specific intent to commit murder or maim
• Most common, shooting someone and missing
• The goal is to kill but unsuccessful
  -Right of arrest: Felony

Question 8

Right of Arrest for assault and battery

Answer 8

Breach of peace in presence; Misdemeanor

Question 9

Foot with a shoe on it is considered a dangerous weapon if capable of causing injury greater than unshod foot

Example: A flip flop would not be considered a shot foot

Answer 9

Shod Foot

Question 10

The suspect knowingly carried on his person or under his control in a vehicle

Example: Stiletto, ballistic knives

Answer 10

Carrying Dangerous Weapon

Question 11

Armed Assault with intent to rob or murder

Answer 11

• Right of arrest: Felony
• Arrest: Suspect armed with a dangerous weapon AND
• Assault: Assaults another
  -Intent: With the intent to rob or murder

Question 12

Mayhem

Answer 12

• Right of arrest: Felony
• With malicious intent to maim or disfigure; cuts, tears, slits, or mutilates the tongue, eye, ear, nose, lip, or limb of another
• Specific intent crime
  -Happens on purpose

Question 13

Assault and Battery upon public employee chapter 265 section 13

Answer 13

• Right of arrest: Misdemeanor in presence, breach of peace
• A felony if person tries to disarm a police officer

Note spitting on a police officer is assault and battery on public employee

Question 14

M.G.L 94C

Answer 14

Drug crimes

Question 15

M.G.L 265

Answer 15

Crimes against a person

Question 16

Assault and Battery on a child UNDER 14 with bodily injury or substantial injury

Answer 16

Right of Arrest: Felony

Question 17

Assault and Battery involving suffocation / strangulation

Answer 17

• Suspect blocked victims airways or blood flow
• Right of arrest: Felony

Question 18

Armed Assault in a dwelling chapter 265 section 18A

Answer 18

• Right of arrest: Felony
• The suspect entered a dwelling while armed and committed an assault on someone in the dwelling
• Had specific intent accompanying the assault
• The armed assault charge is not proper unless the assault was designed to accomplish another factually distinct felony
• Suspect must have intent
• Suspect must be armed

Question 19

Assault and Assault and Battery by means of hypodermic syringe or needle chapter 265 section 15C

Answer 19

• Commits an assault or Assault and Battery
• Right of arrest: Felony

Question 20

Right of arrest: Assault

Answer 20

In presence breach of peace

Question 21

Aggravated assault and battery

Answer 21

• Felony

Examples: Pregnant woman (know she is pregnant, visible), Assault and battery on an elder person (60 and above), Assault and battery causing serious bodily injury

Question 22

Assault or Assault and Battery on Health Care Worker chapter 265 section 131

Answer 22

Right of Arrest: Misdemeanor, in presence breach of peace

Question 23

Battery

Answer 23

Unconsented touching

Question 24

Assault

Answer 24

• Putting someone in fear of being hit / attacked

Example: A swing and miss

Question 25

Unarmed assault with intent to rob or steal

Answer 25

Right of arrest: Felony

Question 26

A verbal threat is not enough for an assault

Answer 26

Complaint only

Question 27

*Note*

Answer 27

- Carrying dangerous weapon, the suspect must walk around with the weapon on their person (True) - Right of arrest for felony (All felonies are arrestable) - Assault and battery by mean of dangerous weapon the weapon must come into contact with the victim (True) - Most common example of an assault is (A swing and miss)