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AJ2/CH 10
Types of Assault
Question | Answer |
---|---|
Which Penal Code defines assault | PC 240 |
What is an assault defined as? | The unlawful ATTEMPT to commit a battery coupled with the ability to commit a violent injury |
The difference between an assault and a battery is.... | the contact. An assault is simply an attempt to commit a battery. |
Simple assault is a _________ with a fine not exceeding $_____________. How much if the victim is a cop, firefighter, paramedic, etc.? | Misdemeanor, $1000, $2000. |
What is the assault category more serious than Simple Assault? | AWD. Assault with a Deadly Weapon. |
Which Penal Code creates a special class of assault victims? Can you name some in this class? | PC 241 Cops, Firefighters, Teachers, Doctors, Nurses, Bus or Cab Driver, Juror, Armed Forces, etc. |
How is Attempted Assault punished? | Trick question...There is no such thing as attempted assault. Assault in itself is an attempt. |
What is a Conditional Assault | The threat of the assault unless the victim do some thing to avoid being assaulted. |
What is a Battery? And which PC is this covered in? | Battery is a completed assault. It is the willful and unlawful use of force or violence upon another person. Penal Code 242 |
T/F, grabbing a guy by the collar and forcing him to listen to you is NOT a battery because the amount of force does not rise to the level of a battery. | False. The amount of force applied is immaterial. Every touching or laying of hands on another in a hostile manner is a battery. |
What is the punishment for battery? | $2000 fine and 6 months prison; |
What is Felony Battery? What happens if victim of Felony Battery is injured? | Battery against officers and emergency personnel while on duty. If injury results, $10,000 fine and 3 years in jail.(4 yrs if victim a minor and perp has prior felony conviction for like crime). |
When is a person guilty of Sexual Battery | When that person touches a restrained person in an intimate area or if the victim is mentally impaired or disabled or unconscious |
What is the required intent to sustain the charge of AWD? | The intent to commit a battery while possessing a firearm or other deadly weapon or instrument. |
T/F.. if you discharge a weapon at an UNOCCUPIED car or aircraft, you are guilty of a Felony. | True |
Shooting at an inhabited place is a (Misdemeanor/Felony). What if the occupant is not home? | Felony Wobbler. Does not matter if owner not home, only that the dwelling is lived in. |
Every person who willfully deprives another human being of a member of his body is guilty of..... | Mayhem. This is punishable of up to 8 years in prison (PC 240). |
When must the officer request the Emergency Protective Order in cases of Domestic Violence? | When the officer believes that the victim is in immediate and present danger. |
Per penal code 206, the crime of torture requires proof the victim suffered? True or Fale? | False, |
You are guilty of Torture if you.... | Cause cruel and extreme pain and suffering for revenge, extortion, persuasion, or for any sadistic purpose. |
Name the 4 different types of child abuse: | Physical Abuse, Sexual Abuse, Verbal Abuse, Neglect. |
Under Dangerous Weapons Statute, possession of which of the following is a felony: a. Concealed firearm, b. Billy Club, c. c. Switchblade Knife? | b. Billy Club |
This Penal Code refers to Causing a child's death | Penal Code 273ab. |
273 ab states: Any person in charge of a child under ___ years old who assaults the child enough to cause great bodily injury resulting in death ispunishible with ___ years to ___ in prison or may be prosecuted for ____. If child not killed, can get __ | Eight, 25, Life, manslaughter/murder, Life with possibility of parole. |
What does Penal Code 273d reference? | The Cruel and Inhumane punishment of a child. |
This PC deals with Endangering the Life or Health of a Child | PC 273a |
When a person convicted of 273a, 273ab, or 273d is about to be paroled, what must the DOC do for immediate Family members who asked to be informed. | Must notify the family members within 60 days of the parole. |