The creation in another of the fear of bodily harm. As the California Supreme Court explained in People v. Williams, 26 Cal.4th 779, “the crime of assault has always focused on the nature of the act and not on the perpetrator’s specific intent. An assault occurs whenever the next movement would, at least to all […]
Articles Tagged: crimes
Assailant
Criminal Law. “Assailant means one who assails or who assaults; the aggressor.” Scales v. State, 96 Ala. 69 (1892). “The killing of an assailant is excusable on the ground of self-defense only when it is, or reasonably appears to be, the only means of saving one’s own life or preventing great bodily injury; and, if the danger can […]
Asportation
The removal of things from one place to another. The carrying away of goods; one of the circumstances requisite to constitute the offense of larceny. Asportation is an essential element of common law kidnapping. “Asportation is defined as: ‘The removal of things from one place to another. The carrying away of goods; . . . […]
Arson
Criminal Law. The burning of a dwelling or property of another with malice. Under Model Penal Code § 220.1, a person is guilty of arson if he starts a fire or causes an explosion with the purpose of (1) destroying a building or occupied structure of another; or (2) destroying or damaging any property, whether […]
Aggravated Kidnapping
Kidnapping with the extra element, such as kidnapping of a child, kidnapping for ransom, kidnapping in order to force the victim to commit a crime, kidnapping for the purpose of sexually abusing the victim, etc. “The essence of aggravated kidnapping is the increase in the risk of harm to the victim caused by the forced […]