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Criminal Law Chart

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Criminal Law Chart

Uploaded by

sophienbarksdale
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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HOMICIDE

Murder 1 = SI to Kill/GBH + Murder 2 = SI to kill/GBH, OR Manslaughter Vehicular Hom.


felony (agg burglary; agg/2d deg. death during enumerated Murder, but: sudden passion operating car/boat/plane +
Kidnapping; robbery) felony (agg. Rape arson or provocation under the influence
burglary kidnap. Escape, drive
by, robbery) OR

multiple V's; V <12 or >65; 2nd death during ingestion of CDS Unitintentional homicide
killing while: (1) unenumerated
felony; (2) int'l misd.; (3)
resisting arrest

ASSAULT AND BATTERY


Assault Battery
Simple Aggravated Aggravated w/firearm Simple
(1) attempt to commit battery; (2) assault w/ dangerous weapon assault w/discharge of (1) int'l use of force/viol., OR
int'l placing of another in reas. firearm (2) int'l admin of noxious
Apprehension of receiving battery; subst. (3) w/o V's consent
(3) w/o dangerous weapon

Misc: police officer, teacher, 2d. Deg > batt + serious


drive-by, welfare worker bodily injury

BURGLARY & TRESPASS


Burglary Unauthorized Entry
Agg. Simple Simple burglary of: Unauth. Entry w/o authority:

(1) unauth. entry; (2) of inhabited (1) unauth. Entry; (2) of Inhab dwelling > unauth. (1) of infrastructure >
dwelling Or structure/movable dwelling/vehicle/other Entry of home w/intent to completely enclosed by
where person present; (3) w/intent structure (3) w/intent to commit felony/ theft barrier; (2) of inhabited
to commit felony or theft; (4) commit felony/theft pharmacy > unauth. Entry w/ dwelling; (3) of business >
armed w/dang weapon or commits intent of drug theft enclosed by 6-ft barrier;
battery
CRIMINAL LAW

Home Inv.: (1) Unauth entry of Looting: (1) int'l entry; (2) w/o
home when person present; (2) security; (3) b/c of disaster; (4)
w/SI to use force against enhanced punishment if state
person/prop. of emerg.

THEFT, FRAUD AND UNAUTHORIZED ACTIVITY


Theft Fraud Unauthorized Activity Possession of Stolen Things
(1) Misappropriation or taking issuing worthless checks (knew (1) Int'l taking/use of (1) Int'l possession of
anything of value belonging to NSF when issued); credit card, another's movable; (2) w/o anything of value; (2) subject
another; (2) w/o consent OR by cheating/swindling, home consent OR by fraud; (3) W/O of robbery/theft; (3)
fraud; (3) with SI to permanently improvement, mortgage intent to permanently deprive
deprive

Unauth. Use of access card: theft of Comm. Bribery > (1) paying Computer Crime > fraud, Disposing property w/intent
credit/ATM cards w/intent to agent w/ knowledge of email offenses, tampering, to defeat security interest
defraud principal; (2) SI to ifluence offenses against IP
agent's actions

ROBBERY
Simple Armed 1st Deg 2d Deg
(1) taking of anything of value; (2) (1) simple robbery; (2) use of (1) armed w/o dang weapon; simple robbery + intentional
belonging to another; (3) from force or intimidation; (3) (2) leading V to reas. Believe infliction of serious bodily
their person/immediate control; w/dang. Weapon has dang. Weapon injury
(4) w/o dangerous weapon

Carjacking: (1) taking of car purse snatching: (1) theft of Extortion: (1) threatening
belonging to another; (2) in anything of value w/in purse another; (2) w/intent to
Misc.

presence of possessor; (3) by or wallet; (2) from obtain value/advantage


use of force/intimidation person/immediate control

ARSON & PROPERTY DAMAGE


Arson Criminal Damage to Property
Simple: (1) D intl'y sets fire to Agg.: (1) int'l fire of Simple: (1) int'l damage to Agg: simple + foreseeable
property w/o consent; OR (2) structure/movable; (2) proper w/o consent; (2) not that human life might be
unintent'l fire during felony foreseeable danger to human fire/explosion endangered
life

Misc.: mfr. Of incendiary devices, mfr or poss. Of bomb, mfr or Misc.: coin operated device, pipeline, property w/intent to
poss. Of fake explosive w/ intent to influence action;false school defraud; graffiti; contaminating water supplies; genetically
Neg. Hom.
Neg: (1) killing by crim.
Neg., (2) violation of
statute.

reckless or neg. animal


handling --> no service
dogs, and not if V is
intruder

attery
Agg.
battery w/ dang.
Weapon

Agg. 2d > 2d deg. +


dang. Weapon

Trespass
Criminal Trespass

(1) entering/remaining;
(2) mov/immovable; (3)
owned by another; (4)
w/o authority

OR: entering/remaining
after being forbidden
KIDNAPPING & FALSE IMPRISONMENT
Kidnapping False Imprisonment Human Trafficking Interf. w/ Child Cust.
Simple: int'l & forcible seizing and Agg: (1) simple kid.; (2) SI for V to give General:(1) int'l transporting persons to provide (1) minor taken by parent w/o custody
caryring person from 1 place to another up something of value; (3) in order to confinement/detention of services/labor through fraud/force right (2) w/intent to take from other
w/o V consent secure their release another ; (2) /wo parent
consent/authority

2d Deg: (1) simple kidnapping, plus (2) Agg of child: (1) child under 13, (2) w/ dang weapon: General + dang.
victim used as shield/hostage, abused, unlawful purpose, (3) intent to secret Weapon
facilitation of felony/flight from, D from parent/guardian
armed/suggested he is, 72+ hrs.

MISCELLANEOUS CRIMES
Drugs: possession of CDS; PWID After-the-Fact Crimes: Motor Vehicles Inchoate Crimes Law Enforcement
Firearms: possession by felon Obstr. Of Justice: (1) tampering w/ DWI: (1) operating any vehicle; (2) Attempt: (1) SI to commit crime; (2) Resisting an officer: (1) int'l interference
convicted of drug/violent crime; evidence OR threatening retaliation for when under influence of alcohol, does or omits ac; (3) for purpose of or resisting lawful arrest resisting officer
intentional concealment of firearm testimony; (2) effect on pot'l criminal CDS, excessive dose of lawful drug accomplishing object. ("preparation 2 w/ force: more serious crime than
proceeding. perpetration") resisting

Disturbing the Peace: (1) fist fight, Accessory after the fact: (1) Reckless operation; hit & run (int'l Conspiracy: (1) agrmt or combination Flight from officer: (1) failure to bring
appearing intoxicated; offensive words in harbor/conceal/aid felon; (2) know failure to stop and render aid at of 2+ persons; (2) for specific purpose vehicle/boat to stop; (2)after visual &
public; (2) if would foreseeably person is felon; (3) SI to avoid scene); forgery of ID/insurance; of committing crime; (3) overt act in audible signal; (3) when officer has PC.
disturb/alarm public punishment driving w/ suspended license furtherance agg. If life endangered.

Compounding felony: getting $ from solicitation for murder; inciting a


offender for agreeing to w/hold felony. felony

DEFENSES
Justifiable Homice Mistakes Intoxication Insanity Duress
Self Defense: (1) D in imminent danger of Mistakes of Fact: reas. Mistake of fact Involuntary: applies if intoxication D incapable of distinguishing b/n (1) threat of death/GBH to D, OR (2) D
receiving great bodily harm; (2) killing that precludes mental element. was cause of crime right and wrong BC of mental defect reas. Believed person is present and
necessary to save self; (3) aggressor can't harm is imminent.
claim self-defense

Prevent Felony: (1) force used to prevent Mistakes of Law: Ignorance of law not a Voluntary: only applies if intoxicant Not a defense to murder.
violent felony involving GBH; (2) D had defense; UNLESS D relied on repeal by precluded SI or knowledge
reas. Belief offense was imminent; (3)D legislature, OR D relied on SC jdgmt. element of crime
has reas. Belief force was necessary That law was unconst'l.

Shoot the burglar: (1) D used force Use of nonlethal force: (1) D used Law enforcement: conduct
ns

against person in dwelling/business/car; force to prevent forcible apparently authorized in reas.


tio

(2) person was committing burglary; (3) offense/trespass against property Fulfillment of duties
ca
fi

person was reas. Likely to use unlawful in a person's lawful possession; (2)
sti
Ju

force v. occupant force reas. And apparently ned. To


r
he

prevent offense
Ot

Shoot the intruder: (1) D used force Defense of Others: force OK if


against person unlawfully inside or person attacked could have used
attempting to get in dwelling/business same means
car; (2) D was lawfully inside; (3) D reas.
Believed deadly force necessary to
prevent intrusion. If D lawfully inside,
presumed force was reas. nec.

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