States of Mind
May be subjective knowledge, objective knowledge or willful blindness
What is Knowingly?
(1) commits an assault (2) on another
What is Simple Assault?
Judicial Department
What is Chapter 7A
state the elements of second degree trespass
What is without authorization, enters or remains on the premises of another, after having been notified not to enter or remain there by the owner or is posted in a manner likely to come to the attention of intruders?
state the statute of limitations in NC for misdemeanors and felonies
What is two years for misdemeanors, no limit for felonies
wrongful act done without legal excuse or justification, or the commission of an act purposefully and deliberately in violation of the law
What is Willfully?
(1) engages in a fight with at least one person (2) in a public place (3) to the terror of the public
What is Simple Affray?
chapters dealing specifically with the criminal code and criminal procedure
What are Chapters 14, 15, 15A
list the three bars to prosecution
What is double jeopardy, lack of jurisdiction and statute of limitations?
elements of CCW other than a pistol or gun
What is willfully and intentionally carries concealed about his or her person a bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun or other deadly weapon of like kind while off his or her premises
recklessness or carelessness that shows a thoughtless disregard of consequences
What is Criminal Negligence?
person commits the entire crime, either acting indirectly or acting in concert.
Who is a principal?
juvenile code
What is Chapter 7B
the elements of larceny
What is takes personal property in the possession of another and carries it away without the consent of the possessor and with the intent to deprive the possessor of its use permanently knowing that he or she was not entitled to it
How is carrying a concealed gun DIFFERENT from CCW other than a pistol or gun
What is: weapon being carried concealed is a gun and the person does not have a concealed handgun permit or is not carrying the gun in accordance with a valid permit and the person is not allowed to carry the gun as a military permitee.
no guilty mind is necessary; the defendant committed the prohibited act and is, therefore, guilty
What is strict liability?
the elements of first degree trespass are: without authorization, enters or remains, on premises of another so enclosed as to demonstrate an intent to keep out intruders or _______________________ or on the lands of the Eastern Band of Cherokee Indians after being excluded by the Tribal Council
What is in a building of another?
drug offenses and alcoholic beverage offenses
What is Chapter 90 and Chapter 18B
the elements of Resist Delay or Obstruct an Officer are: willfully and unlawfully resists or delays or obstructs a public officer knowing or having reasonable grounds to believe the victim is a public officer and _________________________________
What is while the office is discharging or attempting to discharge a duty of his or her office
what makes a larceny a felony rather than a misdemeanor?
What is the property taken is over $1000, pursuant to a B & E, from the person, of a motor vehicle, of a firearm, or of a horse, mule, swine or dog.
ill will, hatred, or spite; inherently dangerous to human life; done intentionally without justification
What is Maliciously (Malice)?
they are effective within its geographical limits or on property outside those limits also owned by it
What are city ordinances?
motor vehicle offenses and domestic violence offenses
What is Chapter 20 and Chapter 50B
what is NOT an element of aggravated affray? inflicting serious injury, using a deadly weapon, grabbing, shoving, pushing, fighting, cursing, shouting at, assaulting a child under 12, assaulting a government official
What is grabbing, shoving, pushing, fighting, cursing, shouting at
elements of communicating threats
What is without lawful authority willfully threatens to physically injure another person or that persons child, sibling, spouse or dependent or willfully threatens to damage another's property and communicates the treat to the other person in a manner that would make a reasonable person believe it is likely to be carried out and the threat is believed by the other person.