MD Bar Criminal Law Flashcards

Under Maryland law, which element distinguishes robbery from larceny?

Answer: The use of force or intimidation against the victim

Robbery requires the taking of property directly from a person by force or intimidation, which is the element larceny lacks.

In Maryland, what mental state is required for voluntary manslaughter?

Answer: Intentional killing in the heat of passion after adequate provocation

Voluntary manslaughter is an intentional killing that occurs in the heat of passion following adequate provocation, which mitigates culpability.

Under Maryland common law, which element is NOT part of common law burglary?

Answer: Intent to commit theft specifically

Common law burglary requires intent to commit any felony inside the dwelling, not theft specifically.

In Maryland, what distinguishes assault from battery?

Answer: Assault is an attempted or threatened battery; battery is a completed harmful touching

Assault is the apprehension or attempted harmful/offensive contact, while battery is the actual completed harmful or offensive touching.

Under Maryland's 'castle doctrine,' which statement is correct?

Answer: A defendant has no duty to retreat before using deadly force in their home

Maryland's castle doctrine holds that a person has no duty to retreat before using deadly force when attacked in their own home.

Under Maryland law, which crime is typically classified as a misdemeanor rather than a felony?

Answer: Simple (second-degree) assault

Simple (second-degree) assault without aggravating factors is generally classified as a misdemeanor in Maryland.