Substantive Criminal Law Flashcards

During a heated argument, a man grabs a heavy glass ashtray and strikes another person in the head, causing a serious injury. The man did not intend to kill the victim, but clearly intended to cause a severe injury. Under Michigan law, what is the most appropriate charge?

Answer: Assault with Intent to do Great Bodily Harm Less Than Murder

The correct charge is Assault with Intent to do Great Bodily Harm Less Than Murder (MCL 750.84). This charge fits because the suspect assaulted another person with the specific intent to inflict a serious injury of an aggravated nature, but not death. Felonious Assault involves a dangerous weapon but lacks the specific intent to cause great bodily harm. Simple assault does not involve a weapon or this level of intent/injury.

An individual is caught altering price tags on merchandise in a retail store. The original price of the item was $1,200, and the altered price was $120. Which of the following offenses has been committed under the Michigan Penal Code?

Answer: Retail Fraud, First Degree

This scenario constitutes Retail Fraud, First Degree (MCL 750.356c). The offense is elevated to the first degree because the value of the stolen or fraudulently obtained property is $1,000 or more. Second Degree Retail Fraud applies to values between $200 and $999.99, and Third Degree applies to values under $200.

In Michigan, which of the following is a key element that distinguishes the inchoate offense of criminal conspiracy from other crimes?

Answer: An agreement between two or more people to commit a crime.

The core element of criminal conspiracy in Michigan is the agreement between two or more persons to commit an illegal act or to commit a legal act in an illegal manner. Unlike an 'attempt,' which requires a substantial step, the crime of conspiracy is complete upon the formation of the agreement itself; an overt act is not required.

During a traffic stop for speeding, the driver becomes verbally abusive. When the officer informs the driver they are under arrest for outstanding warrants, the driver stiffens their arms and refuses to place them behind their back to be handcuffed. According to MCL 750.81d, what is the most accurate charge?

Answer: Resisting and Obstructing a Police Officer

The driver's actions constitute Resisting and Obstructing a Police Officer under MCL 750.81d. This statute includes the use of physical interference or a knowing failure to comply with a lawful command. By stiffening their arms and refusing the lawful command to be handcuffed, the driver is physically resisting the officer's attempt to perform their lawful duty of making an arrest.

Under the Michigan Penal Code, what is the primary distinction between a misdemeanor and a felony?

Answer: The maximum potential term of imprisonment.

The primary legal distinction between a misdemeanor and a felony in Michigan is the maximum potential punishment. A felony is an offense for which an offender may be punished by imprisonment for more than one year. A misdemeanor is generally punishable by imprisonment for one year or less.

A person, without intending to kill or cause great bodily harm, assaults another person with a baseball bat. This action places the victim in reasonable fear of an immediate battery. Which crime has been committed?

Answer: Felonious Assault

This is a classic example of Felonious Assault (Assault with a Dangerous Weapon) under MCL 750.82. The key elements are (1) an assault, (2) with a dangerous weapon (the baseball bat), and (3) without the intent to commit murder or inflict great bodily harm. The use of the dangerous weapon is what elevates it from a simple assault to a felony.