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LEVEL 2 STUDY GUIDE CLASS 65-25 > CRIMINAL LAW (50 Points) > Flashcards

CRIMINAL LAW (50 Points) Flashcards

1
Q
  1. Hogan’s Hand:
A

a. Misdemeanor: In Presence, Breach of Peace
b. Misdemeanor: In Presence, Statutory
c. Misdemeanor: Probably Cause, Statutory
d. Felony: In Presence
e. Felony: Probable Cause

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2
Q
  1. Assault (Misdemeanor):
A

a. Attempted Battery: “Swing and miss”
b. Threatened Battery: suspect intentionally engaged; in menacing conduct; caused victim to fear for imminent battery (“impending action”)
c. Arrest for Breach of Peace in Presence. Otherwise, complaint.
d. Domestic (209A) & Harassment: warrantless arrest on PC
e. Against Person with Restraining Order: Felony

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3
Q
  1. Threats to commit a crime (3-1): Complaint, even for DV!! (all verbal – ex. Guy in store saying “shut up before I punch you in the face”)
A
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4
Q
  1. Assault & Battery (Misdemeanor):
A

a. Most common = hit or push
b. Arrest for Breach of Peace in Presence. Otherwise, complaint.
c. Domestic (209A) & Harassment: warrantless arrest on PC

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5
Q
  1. Aggregating Factors of A&B (Felony):
A

a. Active Restraining Order
b. Suffocation/Strangulation
c. Pregnant: “Assault & Battery on a pregnant person”
d. Serious Bodily Injury: “Assault & Battery causing serious bodily injury”

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6
Q
  1. Assault by means of Dangerous Weapon (Felony):
A

a. Suspect committed an assault by attempting a battery or threatening to commit a battery with the intent to cause fear by using a dangerous weapon.
b. Per Se: no need to use weapon in dangerous fashion, it itself is dangerous (gun)
c. Dangerous Use: item must appear dangerous – normal items become weapons
d. “Assault by means of dangerous weapon, to wit ‘weapon used’”

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7
Q
  1. Assault & Battery by means of Dangerous Weapon (Felony):
A

a. Suspect committed A&B by an intentional, unconsented touching; an intentional, harmful touching; or a reckless act that caused injury by means of a dangerous weapon
b. “Assault & Battery by means of dangerous weapon, to wit ‘weapon used’”

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8
Q
A

reasonable use of force is okay – no crime

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9
Q
  1. ABPO (Misdemeanor
A

a. Person must be engaged in performance of duty at time of assault
b. Arrest for Breach of Peace in Presence. Otherwise, complaint

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10
Q
  1. Mayhem (Felony):
A

a. Suspect maliciously intended to maim or disfigure
b. Cut out/maim/tear/slit/mutilate the tongue, eye, ear, nose, lip, limb or member of the victim

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11
Q
  1. Indecent A&B Age 14 & Over OR Under Age 14 (Felony):
A

a. Indecent Involves 3 Areas: Breasts (female), Buttocks, and Genitals

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12
Q
  1. A&B on a Child (children under 14 – ages 14-18 have no coverage):
A

a. Type 1 (Felony): Suspect Assaults – suspect committed an A&B on a child that caused bodily injury or substantial bodily injury
b. Type 2 (Misdemeanor): Suspect Permits Injury – had care and custody of a child and recklessly permitted the child to suffer bodily injury

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13
Q
  1. Rape (Felony
A

a. Intercourse
b. Force or Threat – by compelling the victim to submit by force or by threat of bodily injury against his or her will

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14
Q
  1. Aggravated Rape (Felony):
A

a. Intercourse
b. Force or Threat
c. Aggregating Factors to include:
i. Caused serious bodily injury
ii. Constituted a joint enterprise, or
iii. Occurred during ABDW, armed robbery, unarmed robbery, kidnapping, ADW

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15
Q
  1. Rape of a Child (UNDER 16) – Felony
A

a. Same elements as adult rape

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16
Q
  1. Statutory Rape (Felony)
A

a. Suspect unlawfully engaged in natural/unnatural intercourse with the victim who was UNDER 16 years old at the time of the offense

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17
Q
  1. Armed Robbery (Felony)
A

a. Suspect armed with a dangerous weapon (even if no weapon is displayed)
i. If victim believes there was a weapon, it is armed robbery
1. “A suspect may not be convicted if he could not have had a weapon even though he claimed he did”
2. ONLY If police interrupt and there clearly could NOT have been a weapon would be the only time the suspect would be charged with unarmed robbery when victim believed there was a weapon
b. Theft from a person/immediate control
c. By force or fear
d. **If victim did not believe there was a weapon, but police catch suspect 2 blocks away and find a weapon, would be charged with ARMED ROBBERY

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18
Q
  1. Unarmed Robbery (Felony):
A

a. By force or fear
b. Theft from a person/immediate control
c. Purse snatching is considered unarmed robbery

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19
Q
  1. Burglary (Felony) – think “BEND”
A

a. Break: physically engaging in any act designed to enter, inserting a key into a lock, entry through an opening not intended as an entrance are all considered breaking
b. Enter: unlawful making of one’s way into a building or vehicle
c. Nighttime: 1 hour after sunset to 1 hour before sunrise the next day
d. Dwelling: a dwelling house
e. No weapon or assault

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20
Q
  1. Trespassing (Misdemeanor)
A

a. Enter or stay without right
b. Property of another
c. Notice – 5 Ways to notify:
i. Posted sign, verbal ejection, privacy precautions, no trespass notice, and court order
d. Warrantless arrest in presence.
e. *POs do NOT use trespass to resolve landlord/tenant issues

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21
Q
  1. Disorderly Conduct (Misdemeanor)
A

a. Cause or Risk
b. Public Reaction
c. Misconduct (FACT)
i. Fighting
ii. Agitated or tumultuous behavior
iii. Creating a hazard or physically offensive conduct that serves no legitimate purpose
iv. Threatening to use force
d. *Covers “Peeping Tom”
e. Right of Arrest: warrantless arrest in presence in public
f. Think annoying person serving no legitimate purpose and disrupting traffic (no victim needed)

22
Q

Disturbing the Peace (Misdemeanor)

A

a. Annoying conduct
b. Have to have a victim that is annoyed (includes 911 caller)
c. Right of Arrest: warrantless arrest in public (more leeway for arrest)
d. Context is critical: Time, place & manner
a. Think LOUD noise in the middle of the night

23
Q
  1. Armed Assault in a Dwelling House (Felony)
A

a. Entry: suspect entered a dwelling
b. Armed
c. Assault
d. Intended Felony: had specific intent, accompanying the assault, to commit a separate felony

24
Q
  1. Home Invasion (Felony)
A

a. Enter (does NOT require break)
b. Aware of Occupants
c. Armed with DW
d. Threatened Occupants (intent is violence/cause injury)

25
25. Kidnapping (Felony):
a. Unlawful and intentional; Forcibly or secretly confined another person against his will b. Tender Years Doctrine: 12 & younger – no capacity to consent c. Confine: means to enclose within bounds or restrict. Any restraint of a person’s liberty is confinement
26
26. Parental or Relative Kidnapping (Misdemeanor) – “Custodial Kidnapping”:
a. Suspect was a relative of a child under 18 b. Without lawful authority i. Held or intended to hold; or ii. Took or enticed the child c. OR an incompetent or person entrusted by authority of the law to the custody of another person or institution d. Arrest for Breach of Peace in Presence. Otherwise, complaint. e. Aggregating Factors: exposed child or incompetent person to danger OR removed from the Commonwealth – Felony
27
27. Stalking (Felony):
a. 3 incidents b. Constitutes harassment (a reasonable person would suffer substantial emotional distress) c. Involves a THREAT with intent to cause imminent fear of death or serious bodily injury
28
28. Criminal Harassment (Misdemeanor):
a. 3 incidents b. Constitutes harassment (a reasonable person would suffer substantial emotional distress) c. Warrantless Arrest on PC
29
29. Larceny:
a. Stealing/False Pretense/Embezzlement b. Right of Arrest: i. Firearm, “trade secret”, or property valued OVER $1,200 = Felony ii. Property valued over $250 - $1,200 = misdemeanor. Warrantless arrest on PC iii. Property valued $250 or less = misdemeanor. Warrantless arrest in presence. Otherwise, complaint.
30
30. Attempted Larceny (Misdemeanor):
a. Specific Intent: to commit larceny b. Overt act: committed an overt act towards its commission; and c. Failure d. Right of Arrest: Warrantless arrest in presence. Otherwise, complaint.
31
31. Larceny from the Person (Felony)
a. Take b. Money or property c. Person or control: from a person or from that person’s immediate control d. Intent: with the intent to permanently deprive that person e. Always felony regardless of value f. *Stealing a pocketbook or purse = ROBBERY (NOT larceny from a person) g. Pick pocket = larceny from person
32
32. Larceny from a Building (Felony)
a. Take b. Building: from a building, ship, vessel, or railroad car; and c. Property of another d. Intent: with the intent to permanently deprive e. Always felony regardless of value f. **Difference between larceny from a person and from a building is how property is safeguarded – building is “under the protection of a building”
33
32. Shoplifting (Misdemeanor) – all arrestable:
a. Intentional b. Six Prohibited Acts: take, conceal, manipulate price tag, switch container, ring up false price, remove shopping car c. Intent to Deprive: intended to deprive the merchant of all or some part of the retail value of the merchandise or to permanently take a shopping cart d. Warrantless arrest on PC for all violations. Merchant or employee’s statement constitutes PC e. *Shoplifting is never larceny from a building f. *Shoplifting is complete when merchandise is concealed g. *Charging Factors: i. Goods < $250 = Charge Shoplifting: Misdemeanor – warrantless arrest on PC ii. Goods between $250 - $1,200 = Charge Larceny: Misdemeanor – warrantless arrest on PC iii. Goods > $1,200 = Charge Larceny: FELONY
34
33. Receiving Stolen Property:
a. Stolen or fraudulently obtained: MUST be proof that property was stolen b. Knowledge c. Possession d. Right of Arrest i. 1st offense and value of goods received is over $250 - $1,200: Misdemeanor - warrantless arrest on PC ii. 1st offense and value of goods received $250 or less: Misdemeanor - complaint and confiscate stolen property e. **If 2nd offense (regardless of value) OR value of goods is over $1,200 = FELONY
35
34. Defacing/Damaging Property – FELONY:
a. Malicious or wanton b. Destroy or deface c. Property of another
36
35. Crimes v Elderly & Disabled (Assaults OR Permits – All Felonies)
a. Elderly = 60 and over b. Disabled = any age
37
36. Quantity limits for alcohol to be legally transported in MA
a. Straight Alcohol: 1 gallon b. Liquor & Wine: 3 gallons c. Beer/Malt Beverages: 20 gallons
38
37. Chapters
265: Crime v. person 269: Firearms 266: Crime v. property 272: Public Order 94C: Drugs 138: Alcohol
39
38. Identify/know Basic Firearms Charges/Rights of Arrest - Public:
a. 269 s. 10(a) – possession of a firearm without a license (PRIMARY CHARGE - FELONY) b. 269 s. 10(h) – possession of ammunition without FID card (MISDEMEANOR) c. 269 s. 10(n) – possession of a loaded firearm (solely an enhanced charge)
40
39. Identify/know Basic Firearms Charges/Rights of Arrest – Private (INSIDE home/business:
a. 269 s. 10(h) – possession of firearm without FID card (MISDEMEANOR) b. 269 s. 10(h) – possession of ammunition without FID card (MISDEMEANOR)
41
40. What a large capacity firearm/rifle/shotgun is
a. Firearm/rifle = over 10 rounds b. Shotgun = over 5 rounds
42
41. Carrying while Under the Influence (Misdemeanor – 269/10H):
a. A person with a VALID LTC b. Confiscate and Complaint
43
42. Body Armor During Felony (Felony – 269/10D):
wearing protective covering designed to prevent or deflect penetration by ammo, knives, or other weapons during a felony
44
43. Possession of Fireworks (Misdemeanor):
a. Possession or Causing to Explode: Confiscate and complaint
45
44. Resisting Arrest (Misdemeanor):
a. Example: tensing of the body b. No statutory right of arrest – just an additional charge
46
45. Marijuana Possession Laws:
a. Misdemeanor Arrest: i. Possession over 2 ounces at any age – arrest in public ii. 21+ possession over 10 ounces in your residence = arrest iii. Selling or intending to sell = arrest iv. Criminal cultivation at any age (even 1 plant if not at primary address or 13 or more plants at residence) = arrest v. OUI = arrest b. FINES: i. 21+ public: 1 ounce = legal ii. 21+ public: More than 1 ounce but less than 2 ounces = $100 fine & forfeiture or the excess marijuana iii. Ages 18-20 w/ 2 ounces or less (public or private): $100 fine iv. Under 18 w/ 2 ounces or less (public or private): $100 fine, 4 hr drug class, 10 hr community service v. Public consumption or smoking MJ = $100 fine vi. Open container of MJ in MV = $500 fine
47
46. Distribution Offenses (the guy that sells the drugs):
a. Suspect intentionally b. Manufactured, distributed, or possessed with the intent to distribute c. A controlled substance: d. Class A – C: FELONY e. Class D & E: warrantless arrest on PC
48
47. Possession (the one that buys the drugs/what you charge when you find drugs on indv during a search):
a. Knowingly b. Possessed: some perceptible amount of a controlled substance in any class, or more than 2 ounces of marijuana c. Without lawful reason: suspect did not have a valid prescription or other legal basis d. Right of Arrest: warrantless arrest on PC
49
48. Forgery (Felony):
a. Example: Writing/signing the fake/bad check or changing something on the check
50
49. Uttering (Felony):
a. Example: Actually passing/using the check
51

LEVEL 2 STUDY GUIDE CLASS 65-25 (7 decks)

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