CRIMINAL LAW with FLORIDA DISTINCTIONS (Essay Only - FL Bar Exam) Correct 100%

3rd Degree Felony Grand Theft = - ANSWER between $300 and $20K Petit Theft - ANSWER less than $300 Dealing in Stolen Property - ANSWER DEF sells, transfers, distributes, or otherwise disposes of stolen knowing or having reason to know that the property is in fact stolen. Robbery (4 Elements) - ANSWER 1) Taking property 2) from the person or custody of another 3) with the intent to permanently or temporality deprive the person of the property, and 4) during the course of the taking DEF uses force, violence, assault or fear. Burglary (2 Forms) - ANSWER 1) Entering a dwelling, structure, or conveyance with intent to commit an offense therein (unless open to public), or 2) remaining in such surreptitiously with intent to commit an offense therein, after permission to remain has been withdrawn, with intent to commit an offense therein, or to commit or attempt a forcible felony. --Consent is an affirmative defense Arson (4 Elements) - ANSWER in FL, general intent crime where DEF: 1) Willfully or unlawfully, 2) during the commission of any felony, 3) damages any structure 4) by fire or explosives. Assault - ANSWER an intentional, unlawful threat of violence to another by word or act, coupled with an apparent ability, which creates a well-founded fear in another that such violence is imminent. Aggravated Assault - ANSWER an assault with a deadly weapon without intent to kill OR with intent to commit a felony Defenses to Assault - ANSWER Consent; defense of self, others, or property Battery - ANSWER (1) actually or intentionally touching or striking another person against their will; or (2) intentionally causing bodily harm to another person. --Transferred Intent and Indirect Application of Force sufficient. Aggravated Battery - ANSWER battery on a victim: 1) that DEF knew/should have known was pregnant; 2) with a deadly weapon; or 3) where DEF intentionally or knowingly causes great bodily harm; permanent disability or disfigurement Defenses to Battery - ANSWER Consent; defense of self, others, or property Sexual Battery - ANSWER any oral, anal, or vaginal penetration by or union with the sex organ of another, or the anal or vaginal penetration by any other object. --In FL, includes Rape and Statutory Rape Sexual Battery Sentencing - ANSWER Sentencing factors include vic's age, vic's physical/mental capacity, use of weapon or force. **While it is a capital crime, the death sentence is unconstitutional** Defenses to Sexual Battery - ANSWER Consent may be an available defense for rape, but not statutory rape where victim is under lawful age of consent. **Ignorance of age is not a defense for statutory rape** Kidnapping - ANSWER DEF 1) confines, abducts, imprisons another, 2) forcibly, secretly, or by threat, 3) against vic's will, 4) unlawfully, 5) with intent to hold for ransom, use as hostage/shield, facilitate commission of a felony cause bodily harm to or terrorize another, or interfere with gov't or political functions Drug Possession - ANSWER Felony or misdemeanor, depending on the type and amount of drug, where DEF knowingly possessed (either "actual" or "constructive") a prohibited drug; ownership of a controlled substance is irrelevant; 2 or more DEFs may be found in "joint possession". Florida's Controlled Substance Schedule - ANSWER Florida has 5 Controlled Substance "schedules," according to their likelihood for abuse. Schedule 1 Drugs - ANSWER high potential for abuse; no accepted medical use --i.e. Heroin Schedule 2 Drugs - ANSWER high potential for abuse; accepted medical use with severe restrictions; abuse has the potential for severe psychic and physical dependence --i.e. Morphine or Opium Schedule 3 Drugs - ANSWER moderate potential for abuse; accepted medical use; abuse may lead to low or moderate physical dependence and high psychological dependence --i.e. anabolic steroids Schedule 4 Drugs - ANSWER lower potential for abuse; acceptable medical use; abuse may lead to limited psychological and physical dependence in relation to Schedule III drugs i.e. diazepam Schedule 5 Drugs - ANSWER lowest potential for abuse; currently accepted medical use; limited risk of physical or psychological dependence relative to Schedule IV drugs. --(contain very small amounts of specified narcotic drugs). Possession with Intent to Sell, Manufacture or Deliver - ANSWER 1) DEF 1) knowingly 2) possessed a 3) controlled substance as defined by statue, 4) with the intent to sell, manufacture, or deliver. Drug Trafficking - ANSWER the intentional sale, purchase, manufacturing, delivery, possession, or transportation into Florida of a "trafficking amount" of drugs. --The amounts vary by drug; --minimum mandatory sentencing applies Attempt - ANSWER an act with intent to commit a crime that falls short of completion Attempt Defense in Florida - ANSWER In FL, if after attempt, defendant abandons further attempts or prevents it's commission, making a complete and voluntary renunciation of criminal purpose Conspiracy - ANSWER an agreement between 2+ people, with dual intent: intent to enter into agreement and achieve objective of agreement --; in FL, an overt act is NOT required Acquittal of Alleged Co-Conspirators - Florida Rule - ANSWER In FL, acquittal of alleged co-conspirators does not preclude prosecution or remaining co-conspirators Conspiracy Defense in Florida - ANSWER In FL, complete and voluntary renunciation of criminal act and actively prevents commission of crime Solicitation - ANSWER inciting, counseling, advising, urging, or commanding another to commit a crime, with the intent that person actually commit the crime. In FL, applies to both misdemeanors and felonies Solicitation Defense in Florida - ANSWER In FL, complete and voluntary renunciation of criminal act, actively prevents commission of crime, or legislative intent excluded solicitor of liability (i.e. minor participant in statutory rape) Accomplice Liability - ANSWER Dual Intent Required: 1) intent to assist principal; 2) intent principal commit offense Withdrawal of Accomplice Liability - ANSWER iii. Withdrawal must occur BEFORE the crime becomes unstoppable to avoid liability Insanity in Florida - ANSWER **M'Naghten Rule** DEF entitled to acquittal if: 1) disease of mind, 2) caused a defect or reason, 3) such that DEF lacked the ability at the time of act to either know the right from wrong or understand the nature and quality of his actions. --In FL, "irresistible impulse" is NOT a defense. --In FL, DEF must provide notice of affirmative defense and prove by clear and convincing evidence Intoxication - ANSWER Involuntary intoxication results from consuming substance (alcohol, drugs, rx) without knowledge and under direct duress or pursuant to medical advice; test is same as Insanity Intoxication in Florida - ANSWER NO Voluntary intoxication defense in FL Justification Defense - ANSWER Societal determination that punishment is not warranted Florida Use of Deadly Force - ANSWER In FL, use of threatened use of deadly force in self-defense, defense of others, prevention of felony in a dwelling (permanent or portable structure with a roof designed for night lodging), or defense of property other than a dwelling to prevent imminent forcible felony Florida Duty to Retreat - ANSWER NO duty to retreat if reasonable belief that such force is necessary to prevent death, great bodily harm, or forcible felony Excuse Defense - ANSWER In FL, affirmative defense available of necessity or duress for any crime, except homicide, if DEF reasonably believed another would imminently inflict death or great bodily harm upon him or another person, if DEF did not commit the crime