Criminal Law Exam #2 - Misirian

Aggravated Assault

• Unlawful attack upon another “for the purpose of inflicting severe or aggravated bodily injury”

• May be performed with a “weapon or some other means likely to produce death or great bodily harm”

• In some cases are brought in conjunction with contempt crimes

Simple Assault

• Threat of immediate or imminent harm; an intent to frighten in the future will not be sufficient.

• Most statutes require the present ability to succeed in carrying out the threat

Robbery

Involves the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence or by putting the victim in fear

Elements of a Robbery

• A trespassory taking

• A carrying away

• Of the personal property

• Of another

• With intent to steal

Home Invasion Robbery

Robbery committed inside a home

Rape and Sodomy

Could be included in assault. Both include unauthorized applications of force on another person.

Rape Shield Statute

Prohibiting the prosecution from presenting evidence of the alleged victims prior sexual experiences

Elements of Rape and Sodomy

• Female gender (extended to males in an increasing number of jurisdictions, including the federal)

• Penetration

• Lack of consent

Domestic