Subject Matter Exam Flashcards
The most common example of an assault and battery is….
a hit or a push.
What is the right of arrest for assault and battery on a pregnant woman?
Felony
Armed assault with intent to rob or murder
Elements
Armed. Suspect armed with a dangerous weapon; and
Assaults. Assaults another;
Intent. With the intent to rob or murder.
**ROA ** Felony
Remember: This is for incidents where an armed suspect assaults the victim with the intent to rob, but gets nothing.
Four elements of burglary, in order?
Breaking
Entering
Dwelling
Nighttime
Armed robbery
Weapon. The suspect was armed with a dangerous weapon when he;
Force or fear. By force or fear;
Theft from person. Took money or property from the victim or the victim’s immediate control.
Right of arrest: Felony
Unarmed robbery
Force or fear. The suspect by force or fear;
Theft from person. Took money or property from victim or the victim’s immediate control.
Right of arrest
**FELONY **
Definition of assault
The suspect intended to commit a battery, which involved touching the victim in a harmful or unpermitted way; took some overt action; and came reasonably close to committing a battery (a swing and a miss)
OR
The suspect intentionally engaged; in menacing conduct; that caused the victim to fear an imminent battery.
Remember…Verbal threat alone is insufficient. A verbal threat to do harm becomes an assault when accompanied by some outward gesture.
A&B public employee
- Assault and Battery
- On any public employee
- Person must be engaged in the performance of duty at the time of the assault
Right of arrest (M) Breach of peace, in presence
Note
A felony if the A&B includes an attempt to disarm a police officer in performance of his/her duty
Would possessing a fake gun qualify as being armed for robbery?
Yes
What is the right of arrest for assault and battery involving strangulation or suffocation?
Felony
How does B&E daytime differ from Aggravated B&E daytime?
With aggravated B&E daytime, any person lawfully inside is “put in fear.”
Receiving stolen property
Stolen or fraudulently obtained. The suspect possessed property that was originally stolen, embezzled, or obtained by fraudulently pretending to be a legitimate business;
Knowledge. The suspect knew that the property was stolen or fraudulently obtained; and
**Possession. **The suspect bought, received, possessed, or aided in its concealment.
Rights of arrest
If value of goods received over $250 or 2nd offense regardless of value: Warrantless arrest on probable cause (M)
If value of goods $250 or less: Complaint and confiscate stolen property (M)
If 2nd or subsequent offense, regardless of value, or the value of the property is more than $1200 (Felony).
Basic shoplifting
Intentional. The suspect intentionally;
Six prohibited acts. Engaged in one of six prohibited acts:
**Take. **Took, carried away, transferred, or caused to be carried away or transferred; or
Conceal. Concealed upon his person or otherwise; or
Manipulate price tag. Altered, transferred, or removed price tag(s) and attempted to purchase alone or in concert with another for less than the retail value; or
Switch container. Transferred from one container to another container; or
Ring up false price. Recorded less than the actual retail value; or
Remove shopping cart. Removed a cart from premises without merchant’s consent.
Right of arrest (M) arrestable on probable cause
Remember: a merchant or employee’s statement gives you probable cause to arrest. If goods are over $250, you can charge larceny.
True or false?
Larceny from a building is only a felony if the property stole is worth over $1200.
False. It is a felony, regardless of the property’s value.
With receiving stolen property, there are common-sense factors that prove the suspect knew the property was stolen:
- carrying goods in a suspicious manner
- Suspect paid unrealistically low price for the goods
- Suspect accepts only cash for goods
- Markings (like price tags) indicate true ownership of goods.
- Implausible (not believable) explanation for source of goods
- Suspect has prior record for similar offenses
- Possession of many stolen items
- Possession of recently stolen property
- Fleeing the scene and discarding items
In cases of domestic violence and charging assault or assault and battery on an intimate partner, do you use 265 s 13A or 265 s 13M? And what is meant by intimate partner?
You charge 13M. An intimate partner means the victim:
* is or was married to the offender; or
* had a child in common with the offender, regardless of whether they were ever married or lived together; or
* is or was involved in a substantive dating or engagement relationship
Assault by Dangerous Weapon
The suspect committed an assault by using a dangerous weapon.
Attempting battery or threatening battery w/intent to cause fear
ROA: Felony
Does an assault by dangerous weapon have to involve a per se dangerous weapon?
A normal item which becomes a weapon when used in a dangerous fashion.
What is the right of arrest for assault and battery?
(M) Breach of peace, in presence
Criminal Harassment
The suspect willfully and maliciously engaged;
In a pattern of conduct or series of acts (at least 3 incidents);
Which were directed at a specific person; and
Constituted harassment (because a reasonable person would suffer substantial emotional distress).
Right of arrest
Warrantless arrest on probable cause is the “preferred response”
A suspect picks up a knife and threatens to stab the victim. What crime is this? Misdemeanor or felony?
It is assault by means dangerous weapon, to wit knife. It is a felony
Trespass after Notice 266 s 120
Elements
Without right. The suspect entered or remained without right;
Property of another. On or in the dwelling, building, boat, improved or enclosed land, wharf, or school bus of another;
Notice. Even though a person with lawful control had forbidden the suspect’s presence:
Directly; or
With a posted notice; or
Through a 209A, s 3 and 4, or 208 s 34B court order (order to vacate marital home).
Right of arrest: Misdemeanor arrestable in presence.
Defacing or Damaging Property 266 s 126A
Elements
Malicious or wanton. The suspect maliciously or wantonly;
Destroy or deface. Marked, injured, defaced, or destroyed;
Property of another. The real or personal property of another.
Right of arrest: Felony, regardless of value of damage
Burglary
266 s 15
ELEMENTS
B&E. The suspect:
Breaks and enters with intent to commit a felony; OR
Enters with intent to commit a felony and then breaks into;
Dwelling. A dwelling house;
Night. In the nighttime; and
No weapon or assault.
The suspect:
Is not armed with a dangerous weapon while in the house; AND
Does not assault a lawful occupant.
Right of arrest Felony
Know ROA and body parts
Open and Gross Lewdness 272 s 16
ELEMENTS 10-7
Intentional. The suspect intentionally;
Expose genitals, breasts, or buttocks. Exposed his or her genitals, buttocks or female breasts to one or more persons; and
Public. The public did so “openly” by either:
Intending public exposure; or
Recklessly disregarding a substantial risk of
a. public exposure to others who might be offended by the suspect’s conduct;
Alarm or shock. The suspect’s act was done in such a way as to produce alarm or shock; and
Person affected. One or more persons were, in fact, alarmed or shocked by the suspect’s exposure.
Right of arrest: Felony
What are the two types of firearms licenses in Massachusetts?
LTC and FID
What is the statutory right of arrest for assault?
(M) breach of peace, in presence
