types of violent crime:. objectives the student will be able to: discuss what the elements of...

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ASSAULT Types of Violent Crime:

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ASSAULTTypes of Violent Crime:

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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