Chapter 10 Flashcards

1
Q

What is assault at common law?

A

a threat to cause bodily injury

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2
Q

What was battery?

A

actually causing bodily injury

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3
Q

What is assault in colorado?

A

causing the physical injury

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4
Q

What is menacing in colorado?

A

the threat to cause injury

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5
Q

What is first degree assault?

A

“incomplete murder” serious bodily injury

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6
Q

What class of felony is 1st degree assault? What about in the heat of passion?

A

3 and 5

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7
Q

What is second degree assault?

A

requires bodily injury but not serious injury

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8
Q

What class of felony are assaults?

A

most are class 4 felonies

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9
Q

What is 3rd degree assault?

A

knowingly or recklessly causing bodily injury or with criminal negligence with a deadly weapon

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10
Q

What does a 3rd degree assault get?

A

class 1 misdemeanor

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11
Q

What is the punishment for 3rd degree assault?

A

6-18 months max 24 months

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12
Q

What is vehicular assault?

A

person drives recklessly and causes serious bodily harm

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13
Q

what class of felony is vehicular assault?

A

class 5 felony

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14
Q

what class of felony is vehicular assault when intoxicated?

A

class 4 felony

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15
Q

What is menacing?

A

common law crime of assault, by making a threat it puts someone in fear of being seriously harmed

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16
Q

What class of felony is menacing?

A

class 5 felony

17
Q

What is reckless endangerment?

A

recklessly engaging in conduct that creates a substantial risk of serious bodily injury E.g. shooting crows in backyard

18
Q

What class if reckless endangerment?

A

class 3 misdemeanor

19
Q

How was kidnapping viewed historically?

A

kidnapping was considered only for royal families

20
Q

What is asportation?

A

moving one from one place to another

21
Q

What is first degree kidnapping?

A

use of force and seeking something of value for releasing the victim

22
Q

What happens if the person is released unharmed?

A

class 2 felony

23
Q

What happens if the person is released with serious injury?

A

class 1 death penalty

24
Q

What is second degree kidnapping?

A

requires knowing conduct and asportation

25
Q

What class of felony is second degree kidnapping?

A

class 4

26
Q

What is false imprisonment?

A

knowingly confines or detains another without their consent

27
Q

What will they be charged with in false imprisonment?

A

class 2 misdemeanor

28
Q

does false imprisonment apply to police?

A

no, only if they are acting in good faith

29
Q

What is enticement of a child?

A

persuade or entice a child under the age of 15 into a vehicle, room, building, etc

30
Q

What class of felony is enticement?

A

class 4 felony

31
Q

What is specific intent?

A

defendant intentionally commits an act and intended to cause a specific result when committing the act

32
Q

What is general intent?

A

the accused meant to do an act prohibited by the law but the result of that act is irrelevant

33
Q

Colorado statute regarding specific intent?

A

18-1-804 intoxication