types of violent crime:. objectives the student will be able to: discuss what the elements of...
TRANSCRIPT
Objectives
The student will be able to: Discuss what the elements of
assault and other crimes against the person are.
Role play the different crimes. Critique the work of other students
and determine if they portrayed the crimes accurately.
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Assault
What is an assault? What are the levels of assault?
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Assault
What is an assault?A criminal charge involving violence
What are the levels of assault?Misdemeanor and Felony
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Misdemeanor v. Felony
Misdemeanor – crime less severe than a felony, usually punishable by up to one year.
Felony- most serious crimes, typically punishable by a year or more.
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Misdemeanor v. Felony
From least to most severe:Class C MisdemeanorClass B MisdemeanorClass A Misdemeanor3rd Degree Felony2nd Degree Felony1st Degree Felony
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Class C Assaults
Class C Assault The actor:
1) Intentionally or knowingly2) Causes physical contact with another3) Should know that the contact
would offend the person
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Class C Assaults
The actor:1) Intentionally or knowingly2) Threatens another with
imminent bodily injury›Imminent means “now”
Exception: if the victim is 65+ or disabled, see Class A
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Class B Misdemeanor
Class B Assault Same as Class C Victim is performing duties
As a sports participant (referee)
Class A Assault Same as Class C Victim is 65+ years or disabled
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3rd Degree Felony
3rd Degree Felony Class A Misdemeanor and: The victim is a public servant
performing their duties The actor knows they are a public
servant
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3rd Degree Felony
Third Degree Felony The actor:
has assaulted a family member has a previous conviction of family
violence
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3rd Degree Felony
What constitutes a family member?
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3rd Degree Felony
Family member: Individuals related by blood or marriage Former spouses Individuals who are parents of the same
child Roommates and former roommates Individuals in a dating relationship
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3rd Degree Felony
Dating Relationships are based on:
Length of the relationship Nature of the relationship Frequency and type of
interaction
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Aggravated Assault
Aggravated Assault: (2nd Degree Felony) The actor:
Commits assault Causes serious bodily injury OR Uses /exhibits a deadly weapon
Aggravated Assault: (1st Degree Felony) The victim:
Family member Serious bodily injury Deadly weapon
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Aggravated Assault
What is a deadly weapon?
Anything that in the manner of its use is capable of causing death or serious bodily injury.
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Aggravated Assault
Aggravated Assault: (1st Degree Felony)
The actor is a public servant acting under the color of their employment.
The victim is a public servant or a security officer performing their duties and the actor knows this.
The act is retaliation against a crime witness
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Abandoning or Endangering a ChildChild: Under 15 years of age
Abandon: To unreasonably leave a child
without providing necessary care
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Abandoning or Endangering a ChildState Jail Felony: The actor:
Abandons the child There is a risk of harm Intends to return
3rd Degree Felony: Same as State Jail Felony
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Abandoning or Endangering a Child2nd Degree Felony: The actor:
Abandons the child Risk of imminent danger
Death Bodily injury Physical/mental impairment
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Deadly Conduct
Class A Misdemeanor: The actor:
Recklessly engages in conduct Places another in imminent danger of
serious bodily injury Example: cutting brake line on a car
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Deadly Conduct
Recklessness is presumed if the actor knowingly points a firearm at or in the direction of another person.
It does NOT matter if the actor knows if it is loaded or not
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Deadly Conduct
3rd Degree Felony: The actor:
Knowingly discharges a firearm at or in the direction of One or more people A habitation, building, or vehicle
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Terroristic Threat
When the actor threatens to commit any offense involving violence to any person or property with the intent to:
1) Cause a reaction by emergency services personnel (Class B Misdemeanor)
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Terroristic Threat
2) Places any person in fear of imminent serious bodily injury (Class B Misdemeanor).
If the victim is a family member or a public servant, it is a Class A Misdemeanor.
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Terroristic Threat
3) Places the public in fear of serious bodily injury, interrupts public utilities, or influences the federal government (3rd Degree Felony)
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Resources
Texas Penal Code: http://www.statutes.legis.state.tx.us/
http://www.mytexasdefenselawyer.com/texas-criminal-laws-penalties/assault/
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