Assault & Battery
What is the difference between Assault & Battery ?
Assault is Verbal
Battery is Physical
How many Misdemeanor Exceptions are there?
30
787.02 ?
False Imprisonment;
What Chapter is Domestic Violence defined ?
Chapter 741.
Tennessee vs Garner
1985 US Supreme Court case that ruled that police cannot use deadly force against a fleeing suspect who doesn't pose an immediate threat. The case established that deadly force can only be used when there is probable cause to believe the suspect poses a serious threat.
What is FSS 784.011 ?
Assault is an Intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.
What is a Misdemeanor Exception?
A law enforcement officer may make a warrantless misdemeanor arrest without witnessing the elements of the crime as long as there is PC to believe that the crime occurred and the individual to be arrested is the perpetrator of the crime.
What is the statute number for Aggravated Battery ?
FSS 784.045
What is the definition of a Family or Household member in ref to DV?
spouses, former spouses, persons related by blood or marriage, persons who live together as a family, or who have lived together in the past as a family, and people who are parents of a child in common.
Miranda V Arizona
What changes an "Assault" to "Aggravated Assault"?
-With a Deadly Weapon without intent to kill; or
-With an intent to commit a felony
What is Misdemeanor Exception #20 according to FSS 2025 Law Book?
Racing
What Chapter allows you to make an arrest for assault without a warrant ?
Chapter 901
-No
-Domestic Battery by Strangulation
-It is a 3rd degree felony.
Terry Vs Ohio
What is FSS 784.03 ? Elements?
Battery; Felony Battery
-Actually and intentionally touches or strikes another person against the will of the other; or
-Intentionally causes bodily harm to another person
What is the difference between Felony Criminal Mischief and Misdemeanor Criminal Mischief?
-FSS 806.13
-Monetary Value
-Less than $1000
*Discuss other scenarios
What is the charge for Domestic Violence?
There is not a charge for Domestic Violence
How many Risk Assessment Questions are there in the DV Risk Assessment?
3
Mapp Vs. Ohio
What are the elements of Strangulation?
Scenario:
Subject spray paints a church and the damage is $300 to fix.
Is this a Misdemeanor Exception? Why or Why not?
No, it is a 3rd Degree Felony because the Church is a subsection of FSS 806.13(4)(2) which states the following;
-Any person who willfully and maliciously defaces, injures or damages by any means any church, synagogue, mosque, or other place of worship, or any religious article contained therein commits a felony of the 3rd degree.
-If the damage to the property is greater than $200
"A Person who knowingly use intimidation or physical force, or threatens another person, or offers pecuniary benefit or gain to another person,..........
..... hinder delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission...."
Is part of what FSS?
914.22 Tampering with or harassing a witness, victim or informant;
What are the DV Risk Assessment Questions?
1. Has the perp ever used a weapon against you or threatened you with a weapon?
2. Has the perp ever threatened to kill you or your children?
3. Do you think the perp is capable of killing you?
Carroll Vs. US
A decision by the United States Supreme Court that upheld the warrantless searches of an automobile, which is known as the automobile exception.