Legal Elements Flashcards
Assault
(D) Intentionally and unlawfully threatened, either by word or act, to do violence to (V)
Appeared to have the ability to carry out the threat
(D) created in the mind of (V) a well founded fear that the violence was about to take place
Aggravated Assault
(D) Intentionally and unlawfully threatened, either by word or act, to do violence to (V)
(D) appeared to have the ability to carry out the threat
(D) created in the mind of (V) a well-founded fear that violence was about to take place
The assault was made with a deadly weapon or fully formed, conscious intent to commit against (V)
Deadly Weapon
A weapon is considered deadly if it is used or threatened to be used in a way likely to produce death or great bodily harm.
Aggravated Battery
(D) intentionally touched or struck (V) against their will or caused bodily harm to (V)
(D) committed the battery knowing or intentionally caused great bodily harm, or permanent disability, or permanent disfigurement, or used a deadly weapon.
(D) knew, or should have known (V) was pregnant
Battery
(D) intentionally touched or struck (V) against their will
D) intentionally caused bodily harm to (V
Felony Battery
(D) actually and intentionally touched or struck (V)
(D) caused (V) great bodily harm, permanent disability, or permanent disfigurement
Battery of Law Enforcement Officer
(D) intentionally touched or struck/Caused great bodily harm (V)
(V) was a LEO
(D) knew (V) was a LEO
(V) was engaged in the lawful performance of duties when the battery was committed against them
Assault on Law Enforcement
(D) Intentionally and unlawfully threatened, either by word or act, to do violence to (V)
(D) Appeared to have the ability to carry out the threat
(D) created in the mind of (V) a well founded fear that the violence was about to take place
(V) was at the time a LEO & (D) knew
(D) at the time, (V) was engaged in the lawful performance of their duties
Burglary
(D) entered a Structure of Conveyance owned by the person alleged
At the time of entering, (D) had the intent to commit another offense other than burglary or trespass inside.
(D) was not licensed; invited; not open to the public at the time of entering.
Criminal Mischief
(D) injured or damaged [real] [personal] property.
The property injured or damaged belonged to (person alleged)
Injury or damage was done willfully and maliciously
Resisting Officer With Violence
(D) knowingly and willfully [resisted] [obstructed] [opposed] (V) by offering or doing violence
At the time (V) was engaged in the lawful execution of legal duty
At the time, (V) was an officer
At the time (D) knew (V) was an officer
Resisting Officer Without Violence
(D) [resisted] [obstructed] [opposed] (V)
(V) was engaged in the execution of legal duty
(V) was an officer
(D) knew (V) was an officer
Retail Theft
(D) knowingly:
took possession or carried away merchandise
Altered or removed label
removed a shopping cart from a premises
(D) intended to deprive the merchant of possession, use, benefit, or full retail value of [merchandise] or [shopping cart]
Robbery
(D) took money or property from the person or custody of (person alleged)
Force, violence, assault, or putting in fear was used in the course of the taking
Property taken was of some value
Taking was with the intent to permanently or temporarily deprive (V) of property
Robbery (Home Invasion)
(D) entered the dwelling of (V)
At the time, (D) intended to commit robbery
While inside (D) did commit robbery
(D) took money or property from the person
Force violence, assault, or putting in fear was used in the course of the taking
The property taken was of some value
W/ the intent to permanently or temporarily deprive (V)
