Podcast
Questions and Answers
Which level of injury would require charging under a state statute?
Which level of injury would require charging under a state statute?
- Minor cuts and bruises
- Stitches (correct)
- Superficial burns
- A small scrape
What type of injury indicates a greater severity to warrant state charges?
What type of injury indicates a greater severity to warrant state charges?
- A sprained ankle
- Fractures or broken bones (correct)
- A headache
- A paper cut
Which of the following injuries would not typically lead to a state charge?
Which of the following injuries would not typically lead to a state charge?
- Loss of consciousness
- Severe bruising
- Internal injury
- Skin irritation (correct)
What indicates a serious crime when weapons are involved?
What indicates a serious crime when weapons are involved?
Which behavior would likely prompt a state charge under stalking laws?
Which behavior would likely prompt a state charge under stalking laws?
Which factor does NOT influence the level of charges for a case?
Which factor does NOT influence the level of charges for a case?
Which of the following is considered a violation leading to state charges?
Which of the following is considered a violation leading to state charges?
Which scenario might justify a state charge if a victim is involved?
Which scenario might justify a state charge if a victim is involved?
What type of medical treatment does NOT warrant a state charge?
What type of medical treatment does NOT warrant a state charge?
Which of the following actions could lead to charges against someone for intimidation?
Which of the following actions could lead to charges against someone for intimidation?
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Study Notes
Charging Criteria Overview
- Injury severity to the victim determines the level of charges.
- More serious injuries trigger charges under state statute.
Serious Injuries Requiring Charges
- Stitches indicate significant injury requiring a state charge.
- Fractures, broken bones, dislocations, and internal injuries necessitate charges.
- Severe bruising or burns are considered for state-level charging.
- Loss of teeth or presence of broken teeth lead to higher-level charges.
- Loss of consciousness is a critical factor in determining charges.
- Strangulation or asphyxiation qualifies for substantially more serious charges.
- Hospitalization or medical treatment due to serious injuries must be documented; intoxicated individuals transported without injury do not qualify for higher charges.
- Use of a deadly weapon, which includes firearms, knives, or any instrument capable of causing serious harm, automatically raises the level of potential charges.
Additional Considerations for Charges
- Violating protection orders results in criminal charges (see OMS 122.01).
- Charges are filed in state court for juvenile suspects violating protection orders.
- Foreign protection orders must be submitted to state court for violations.
- The extent of threat to the victim during the incident and potential future risks influence the level of charges.
- Stalking behaviors are classified as a criminal offense.
- If the victim is pregnant, the situation escalates the severity of the charges.
- Intimidation of a witness constitutes a state crime.
- The suspect’s criminal history may impact charging decisions.
- Child abuse or endangerment scenarios are addressed with specific criteria.
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