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AJ2/CH 10

Types of Assault

QuestionAnswer
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.
Created by: JeromeG