Theft And Assault Flashcards
Whether a taking of property is a theft or a robbery is contingent upon wheter and when
Violence or fear is imposed
Whether a taking of property is a theft or a robbery is contingent upon whether and when violence or fear is imposed. Common law rule: The violence or fear must
Precede or be contemporaneous with the taking
To make the determination, courts focus on the ____________ ____________ of the use of violence or fear to the taking and not the location of the use of violence or fear.
Temporal proximity
Other jurisdictions follow the continuous offense theory where robbery is defined to extend to situations in which force is used after the taking, such as to retain property or facilitate escape. True or False
True
The modern version of criminal assault covers a wide range of conduct, from
Raising a fist at someone to a deadly physical attack
The separation between battery and assault remains in tort law, but the modern approach in criminal law has replaced the distinction between the two with a broadly defined ________offense.
Assault