Definitions Flashcards
Offense
any conduct punishable by fine or imprisonment in NYS, including local laws.
Violation
an offense other than a traffic infraction that is punishable by up to 15 days in a city or county jail.
Misdemeanor
an offense (other than a traffic infraction) punishable by 16 days to 1 year in a city or county jail.
Felony
an offense punishable by more than 1 year in a STATE PRISON
Crime
a Penal Law Misdemeanor or Felony
Physical Injury
an impairment of physical condition or substantial pain
Serious Physical Injury
physical injury which causes a substantial risk of death, or which causes death or serious and protracted disfigurement, or protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
Deadly weapon
any LOADED weapon from which a shot is readily capable of causing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
Dangerous Instrument
Any instrument, article, or substance, which under the circumstances it is used, attempted to be used, or threatened to be used, is readily capable of causing death, or other serious physical injury. (includes a vehicle)
Elements of an Offense
A written law, An act, A Mental Element, A result
and a relationship between the above
Known as”Corpus Delcti”
Culpability
Blameworthiness, guilt or liability for blame and punishment
Culpable Mental States
Reckless
Intentionally
Criminally Negligent
Knowingly
Motive
the desire or reason that a person commits an illegal act. It need NOT be proven in court.
Intent
the planning and determination to effect a result. It IS a necessary element of a crime.
2 Categories of Offenses
Offenses that require a Culpable Mental State
Offenses of strict liability which DO NOT require a CMS
