Specific Intent Crimes Flashcards
Burglary
Breaking, entering dwelling of another at night with intent to commit a felony
Breaking: any opening or enlarging of an entrance or doorway
Entering: any part of your body counts
At Night: they’ll tell you
Intent: Nothing bad has to happen, just have to have the criminal intent when you broke and entered
Larceny
Trespassory Taking away of personal property with intent to permanently deprive
Trespassory Taking: touching someone else’s property without their permission
Away: a cm is enough
Robbery
Intentionally taking personal property with force / intimidation
same as larceny, but you used force, fear, or intimidation
Always look at it from the POV of the witness
Assault
Intent to commit a battery OR place another in imminent apprehension
- words alone are NOT enough. need some sort of physical evidence
two versions:
1. intent to commit a battery;
2. intentionally placing one in imminent apprehension of harm
Larceny by trick
taking POSSESSION by misrepresenting of fact
- lies; false statements
- look for something about a false statement that caused you to cave
Ex: just gave you keys and you have them for 1000 years – you still only have possession
False Pretenses
Obtaining title by misrepresenting of fact
- lies; cheat; false statement to get TITLE
- they have to tell you that the person obtained title
- look for a give and get transaction (buy-sell; barter-exchange)
Embezzlement
Initially in possession with permission, then covert to own use - holding/protection of property
- in lawful possession of the property of another and then convert it
- in lawful possession to hold & protect, but instead you convert it for your own use
Accomplice Liability/ Accessory BEFORE the fact
Aid, abet, help someone achieve the crime
- before the crime has been committed
- knowledge alone is not enough
if the crime is successful, the accomplice can also be guilty for the crime they helped with
Accessory AFTER the Fact
know of completed crime and do something to stop arrest or conviction
- knowledge alone not enough
never guilty of what the crime was, only guilty of being an accessory after the fact