MTPC criminal raw Exam

• A&B by Dangerous Weapon - ANSWER-Elements: -A&B -Dangerous weapon Right of arrest: felony .A&B on a Public Employee - ANSWER-Elements: -A&B -Public Employee -Duty Right of Arrest: -Arrest for breach in presence, complaint if not -Felony if attempt to disarm police officer .A&B or Indecent A&B on an intellectually disabled person - ANSWER-Elements: -Required assault -Knowledge Right of arrest: felony .Accessory after the fact - ANSWER-Elements: -Knowledge of felony -Assist -Felon -Intent to avoid arrest Right of Arrest: Felony .Accomplice - ANSWER-Elements: -Intentional Participation -Criminal Mindset Right of arrest: depends on crime Penalty: -Exactly the same as principal .Aggravated Burglary - ANSWER-Elements: -suspect breaks and enters with intent to commit a felony; or enters with intent to commit a felony then breaks into -A dwelling house -In the night time -While someone is inside -Suspect arms himself before going or while inside a dwelling; or assaults a lawful occupant inside Right of arrest: Felony .Aggravated Rape - ANSWER-Elements: -Same as rape -Rape episode caused: -serious bodily injury -constituted a joint enterprise -occurred during commission of some other felonies Right of arrest: felony .Aggravated rape of child under 16 - ANSWER-Elements: -same as rape of child under 16 -With aggravating factor of: -during some other felony -results in substantial bodily injury -victim was bound or gagged -suspect gave victim intoxicating substance -joint enterprise -victim could contract STD Right of arrest: felony .Aggravated shoplifting - ANSWER-Elements: -shielding device -return receipt -organized crime Right of arrest: felony .Aggravated statutory rape - ANSWER-Elements: -Same as stat rape -Aggravating factor of: -more than five year difference, victim under 12 -more than 10 year difference, victim 12-16 -defendant is a mandated reporter of child abuse Right of arrest: felony .Aiding prisoner in police custody - ANSWER-Elements: -Suspect aided or assisted in escaping or attempting to escape from lawful custody Right of arrest: arrest for breach in presence, complaint if not .Annoying and accosting sexually - ANSWER-Elements: -Cause or risk -Public or private annoyance -Sexual overtones -Prohibited conduct Right of arrest: warrantless arrest in presence in public .Annoying or Obscene electronic communication - ANSWER-Elements: -3 calls -To victim or family -Indecent or Harassing Right of arrest: complaint only .Armed assault in a dwelling - ANSWER-Elements: -suspect entered a dwelling -while armed -committed an assault on someone in the dwelling -with specific intent to commit a separate felony Right of arrest: Felony .Armed Robbery - ANSWER-Elements: -suspect was armed with dangerous weapon -assaulted another -took from the victim or victim’s immediate control -money or property Right of arrest: felony .Arson - ANSWER-Elements: -Willfully burn or counsel -A designated structure Right of arrest: Felony Note: charring is sufficient evidence or burning .Arson of Personal Property - ANSWER-Elements: -Willfully burn or counsel -Property over $25, trees, or conveyance Right of arrest: Felony .Assault - ANSWER-Elements: -Attempted Battery, or -Threatened Battery Right of Arrest: arrest for breach in presence, complaint if not .Assault and Battery - ANSWER-Elements: Intentional -Intentionally touched -Without having the right -Cause physical harm or person did not consent Reckless -Suspect engaged in reckless conduct -Caused bodily harm to another Right of arrest: -arrest for breach in present, complaint if not -certain factors make it a felony .Assault by Dangerous Weapon - ANSWER-Elements: -Assault -Dangerous weapon Right of arrest: felony .Assault with intent to commit rape - ANSWER-Elements: -assault -specific intent Right of arrest: felony .Assault, A&B, or property damage for the purpose of intimidation - ANSWER-Elements: -Assault or property damage -Specific intent to intimidate Right of arrest: -basic offense: arrest for breach in presence, complaint if not -If A&B results in bodily harm: felony .Assault/A&B on intimate partner - ANSWER-Elements: -Assault/A&B and -victim is/was married to offender -have a child in common -Is/was engaged or in substantive dating Right of arrest: warrantless arrest on PC; if 2nd offense, felony .Attempt to commit a crime - ANSWER-Elements: -Specific Intent -Overt Act -Failure Right of Arrest: -felony if attempt is felony punishable by at least 5 years -complaint if attempt is felony punishable by less than 5 years or any misdemeanor -warrantless arrest in presence if attempt involves any larceny .Attempted Arson - ANSWER-Elements: -Willfully attempt to burn -Any structure or property