Exam 2 Flashcards
20 questions total. 4 short answer questions (28 cards)
Would possessing a fake gun qualify as being armed for robbery?
Yes
What is the right of arrest for assault and battery on a pregnant woman?
Felony
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
A “lesser included offense” is…….
An offense whose elements are a subset of the elements of the charged offense.
Example: Assault is a lesser included offense of A&B
Example: Larceny from the person is a lesser included offense of robbery.
What are the lesser-included offenses for the crime of assault and battery by means of a dangerous weapon?
- Assault
- Assault and battery
- Assault by means dangerous weapon
What is the right of arrest for assault and battery?
(M) Breach of peace, in presence
You are the responding officer to the following incidents. You must fill-in: the crime that has been committed; whether this crime is a misdemeanor or felony; whether you have the right of arrest; the reason you do or do not have the right of arrest.
The victim stated that he was in the area of 860 Harrison Ave when a suspect approached him. The suspect swung an empty bottle at the victim, but missed him. The suspect then fled towards Mass Av.
Crime committed? Assault by means dangerous weapon, to wit bottle
Misdemeanor or felony? Felony
Do you have a right of arrest? Yes
Why do you or don’t you have a right of arrest? All felonies are arrestable.
What are the rights of arrest for felonies?
All felonies are arrestable
SBI
What is the definition of serious bodily injury?
It is defined as “bodily injury that results in: (a) a permanent disfigurement; (b) loss or impairment of a bodily function, limb, or organ; or (c) a substantial risk of death.”
You are the responding officer to the following incidents. You must fill-in: the crime that has been committed; whether this crime is a misdemeanor or felony; whether you have the right of arrest; the reason you do or do not have the right of arrest.
The victim tells you that 10 minutes ago, the suspect punched him in the face. You observe a red mark on the victim’s face. The suspect, who is still on scene, admits that he did punch the victim.
Crime committed? Assault and battery
Misdemeanor or felony? Misdemeanor
Do you have the right of arrest? NO
Why do you or don’t you have the right of arrest? Because the right of arrest for assault and battery is breach of peace, in presence. You were not present when the incident occurred.
A “child” when speaking of assault and battery
A “child” victim, when speaking of the crime of assault and battery, is what age?
Under age 14
Give one example of a per se dangerous weapon
Any of the following sixteen: brass knuckles, blackjack, blowgun, slungshot, stiletto, dagger, ballistic knife, dirk knife, double edged knife, switch knife, nunchaku, shuriken, cestus, zoobow, manrikigusari, leather armband with metal spikes, or a case which enables a knife to be drawn in a locked position
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
Name the crime and its right of arrest
The victim (age 61) stated the suspect smacked her across the face.
Assault and battery on an elder. It is a felony
For A&B on an elder, elder is considered 60 and older.
The two types of dangerous weapons are?
Per se and dangerous use
If a suspect possesses a fake gun and commits a crime covered in MGL 265, does this count as being armed?
Yes, this qualifies as being armed for any crime against a person in Chapter 265.
The most common example of an assault and battery is….
a hit or a push.
True or false?
If the suspect claims to have a weapon, the law states he may be taken at his word.
True
Mayhem
The suspect maliciously intended to maim or disfigure; AND
Committed one of the following acts to the victim:
Cut out or maimed the tongue;
Put out or destroyed an eye;
Cut or tore off an ear;
Cut, slit, or mutilated the nose or lip; OR
Cut off or disabled a limb or member of the victim
ROA Felony
Remember: Specific intent crime!!!
True or false? No body part may be considered a dangerous weapon, but a large ring on a finger may be, depending on how it is used.
True
When thinking of assault and battery by means of a dangerous weapon, remember:
- the weapon must come into contact with the victim
- the suspect does not have to hold or control the weapon (Example: suspect smashing the victim’s head against the wall)
Threat to commit a crime
275 s 2
Communicated intent to injure; Injury would be crime; V in fear that S had intention/ability to carry out threat
Right of arrest: Complaint only
Carrying a dangerous weapon
Type 1: Per se dangerous weapon
The suspect knowingly carried on his person or under his control in a vehicle;
One of the 17 listed per se dangerous weapons (knives/martial arts/misc)
Type 2: Non per se weapon possessed during arrest
The suspect was arrested:
** on a warrant for an alleged crime; or
** without a warrant for a crime involving a breach of the peace; AND
** at the time of his arrest, the suspect had on his person or under his control in a vehicle;
** a billy club or other dangerous weapon that is not mentioned or otherwise punishable under 269 s 10
Right of arrest Felony
What is the right of arrest for assault and battery involving strangulation or suffocation?
Felony
