Assault Offenses

Question 1

What is the difference between Attempted battery and Threatened battery

Answer 1

1) Attempted Battery - The suspect must have taken an overt step and it is not necessary to show that the victim was afraid of even aware of the attempted battery

2) Threatened battery- the suspect must engage in menacing conduct that causes the victim to fear an imminent battery

Question 2

With an attempted battery form of assault, the suspect must intend to commit a battery and take an _____ ____ to accomplish the battery

Answer 2

overt step

Question 3

Even if a battery is impossible ( Prisoner in shackles) they can still be a charged with ______ ______

Answer 3

Attempted battery
(The battery did not have to be possible. It still constituted attempted battery form of assault. It is also likely would be assault by putting the officer in fear of the battery)

Question 4

For attempted battery there must be an _______ threat of battery

Answer 4

Imminent
( Ill kick your ass tomorrow does not constitute attempted battery because victim was not put in imminent fear of battery because the threat is for another time)

Question 5

What are the two types of dangerous weapons ?

Answer 5

1)Those items that are, by their nature, capable of causing serious injury or death(these are called per se or inherently dangerous weapons. Example: gun, knives or brass knuckles)

2) Items that are used in such a way that they reasonably appear capable of causing serious injury of death. (Dangerous use weapons. Chair , cigarette or a dog the owner threatens to attack a victim)

Question 6

What is the right of arrest for Assault with a Dangerous weapon ?

Answer 6

Felony

Question 7

What is the definition of assault and battery

Answer 7

The intentional and unjustified use of force against another, how ever slight, or committing a reckless act that causes injury to another

Question 8

What are three type of A&B

Answer 8

1) Offensive

2) Harmful

3)reckless

Question 9

What is the Right of Arrest for A&B?

Answer 9

Arrest for breach of the peace in presence otherwise complaint

Question 10

Which type of A&B requires that the victim suffer nontrivial injury for conviction ?

Answer 10

Reckless Battery

Question 11

What are the three circumstances that result in A&B becoming a felony ?

Answer 11

1)Causes serious bodily Injury

2)Commits the crime against a person know they know or have reason to know is pregnant

3) Commits the crime against a person who has an outstanding restraining order against the defendant

Question 12

A victim cannot ______ to violent physically harmful behavior

Answer 12

Consent
(SP claiming victim consented to strangulation for sexual gratification is not a valid defense)

Question 13

The victim does not have to be ______ for a suspect to be charged with A&B

Answer 13

identified

Question 14

Even a repaired and concealed injury, such as permanent implantation of metal plates may be ________ _________. Plus in this case there was nerve damage causing numbness in the cheek, which was an impairment of bodily function

Answer 14

Permanent disfigurement

Question 15

The misdemeanor crimes of assault or A&B can lead to a felony if serious bodily injury results from the A&B. What are the three conditions that qualify for serious bodily injury ?

Answer 15

1) A permanent disfigurement

2)A lose or impairment of bodily function, limb or organ

3) A substantial risk of death

Question 16

An assault that causes the victim to injure themself in attempting to avoid the _______ ______ becomes an A&B even if the suspect does not touch the victim

Answer 16

Anticipated battery

Question 17

To charge ABDW the weapon must come into _____ with the victim

Answer 17

contact

Question 18

The particular type of weapon used to commit ABDW is not an _______ _____ of the offense

Answer 18

essential element

Question 19

Unarmed assault with intent to rob or steal is a ?

Answer 19

Felony

Question 20

There are 17 ways that A&B becomes a felony. PRIDE CLINGGS WithIn US for Police. What is PRIDE ?

Answer 20

Pregnant
Restraining Order
Intimate partner subsequent
Disabled
Elder

Question 21

There are 17 ways that A&B becomes a felony. PRIDE CLINGGS WithIn US for Police. What is CLINGGS?

Answer 21

Correctional Officer
Loan
Intellectually Disabled
Needle
Gang (Solicitation of a child under 18)
Gun Discharge
Suffocate/Strangle

Question 22

There are 17 ways that A&B becomes a felony. PRIDE CLINGGS WithIn US for Police. WithIN stands for ?

Answer 22

Weapon
Indecent

Question 23

There are 17 ways that A&B becomes a felony. PRIDE CLINGGS WithIn US for Police. What does the US stand for

Answer 23

Under 14 Bodily injury
Serious injury

Question 24

There are 17 ways that A&B becomes a felony. PRIDE CLINGGS WithIn US for Police. What does the Police stand for

Answer 24

Police disarm or serious injury

Question 25

If a suspect shoot at someone with a firearm, but misses, what are the two proper potential charges ?
Whats the right of arrest ?

Answer 25

1)Attempted A&B by discharging a firearm

2)Assault with intent to murder

Felony

Question 26

If a suspect shoots at someone and HITS them what are the two proper charges?
Whats the right of arrest ?

Answer 26

1) A&B by discharging firearm

2) Assault with intent to murder

Felony

Question 27

A&B for Purpose of Gang Solicitation makes it a crime to:1) Commit an A&B on a child under _____ ;2) with the intent to cause or coerce the child to join or participate in a __________ _______- which is defined as a street gang or other organization of ____ or more people with a common name, identifying symbol or sign, and whose members individually or collectively engage in criminal activity

Answer 27

18
Criminal Conspiracy
3

Question 28

List the three ways that Mayhem is committed

Answer 28

1) through specific acts

2)By a dangerous substance

3)By being privy to someone else’s intent to maim

Question 29

With respect to the crime of Mayhem, _______ means that the suspect is aware of the impending attack and agrees that it should occur, even though he is not present during the crime

Answer 29

Privy

Question 30

To charge Mayhem a suspect must commit specific acts. What are the 5 acts

Answer 30

1) Cut out or maimed the tongue

2)Put out or destroy an eye

3)Cut or tore off an ear

4)Cut, slit or mutilated the nose or lip

5)Cut off or disabled a limb or member of the victim

Question 31

For the crime of Mayhem, a sustained attack is not _______ to show an intent to maim or disfigure

Answer 31

Required
(Although it is rare, one blow may be enough for mayhem)

Question 32

When charging Mayhem one of the elements is the the suspect ______to maim and disfigure

Answer 32

Intend

Question 33

When is self defense warranted

Answer 33

Self defense is warranted when the suspect is reasonably believes he is in danger of personal harm, attempts to avoid combat or is unable to do so, and uses on the necessary force to defend himself.

Question 34

The rationale behind the ______ _____ _______ is that woman’s use of deadly force against her abusive partner can best be understood by presenting evidence on the history of the relationship

Answer 34

Battered Woman’s Syndrome

Question 35

What is the Castle law ?

Answer 35

The Castle law provides that occupants at home have no duty to retreat and may use reasonably force to defend themselves or others against dangerous and unlawful intruders

Question 36

A person may only use the ______ ______ that the victim could have appropriately used during “ Defense of another”

Answer 36

same force
(Aka if a person is slapped a third party cant shoot the suspect and then claim defense of another)

Question 37

Police Officers who use proper force in their duties should be not charged with A&B. The __________ _________ defense allows police officers to use ____________ and _________ force in carrying out their duties

Answer 37

Police privilege
Reasonable
necessary