In her bedroom Adam found $50 in cash he stuffed it into his pocket saying that it’s time that she gave him back some of the money that was “owed” to him for his heartache. Subsection A of Section 13-1802 provides “A person commits theft if, without lawful authority, the person knowingly: 1. Controls property of another with the intent to deprive the other person of such property; or 2. Converts for an unauthorized term or use services or property of another entrusted to the defendant or placed in the defendant's possession for a limited, authorized term or use; or 3. Obtains services or property of another by means of any material misrepresentation with intent to deprive the other person of such property or services; or 4.
Comes into control of lost, mislaid or misdelivered property of another under circumstances providing means of inquiry as to the true owner and appropriates such property to the person's own or another's use without reasonable efforts to notify the true owner; or 5. Controls property of another knowing or having reason to know that the property was stolen; or 6.
Obtains services known to the defendant to be available only for compensation without paying or an agreement to pay the compensation or diverts another's services to the person's own or another's benefit without authority to do so. ” Theft can be defined as the unlawful taking of another person’s property with out the consent of the latter being freely given. It is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. This is also known as stealing.
What distinguishes theft from robbery is that in theft, the offender does not use violence or intimidation. Applying this provision of law to the case at bar, Dr. Oldman should be charged with theft because he illegally took the 50 dollars from the bedroom of Vicky. His reasoning, that it is payment for his broken heart, is not a lawful reason for taking the money. The relevant facts are the following: As he ran out of the room he ran into her boyfriend, Bob Brawny. Because the room was close to a stairway, when Bob collided with Adam, he tumbled backwards down the stairs and broke his leg.
Bob’s screams alerted the hotel security guard Gerry Gotchya, who detained Adam until the police arrived. There are two general classes of assault found under chapter 12 of title 13 of the ARS. The other classes of assaulted enumerated under this chapter are meant for specific victims such as animals and public officers. Assault under 13-1203 talks about general assault. The said provision provides that “A person commits assault by: 1. Intentionally, knowingly or recklessly causing any physical injury to another person; or 2. Intentionally placing another person in reasonable apprehension of imminent physical injury; or 3.
Knowingly touching another person with the intent to injure, insult or provoke such person. ” On the other hand, aggravated assault under 13-1204 provides “A person commits aggravated assault if the person commits assault as prescribed by section 13-1203 under any of the following circumstances: 1. If the person causes serious physical injury to another. 2. If the person uses a deadly weapon or dangerous instrument. 3. If the person commits the assault by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.
4. If the person commits the assault while the victim is bound or otherwise physically restrained or while the victim's capacity to resist is substantially impaired. 5. If the person commits the assault after entering the private home of another with the intent to commit the assault. 6. If the person is eighteen years of age or older and commits the assault on a child who is fifteen years of age or under. 7. If the person commits assault as prescribed by section 13-1203, subsection A, paragraph 1 or 3 and the person is in violation of an order of protection issued against the person pursuant to section 13-3602 or 13-3624.
8. If the person commits the assault knowing or having reason to know that the victim is any of the following: (a) A peace officer, or a person summoned and directed by the officer while engaged in the execution of any official duties. (b) A firefighter, fire investigator, fire inspector, emergency medical technician or paramedic engaged in the execution of any official duties, or a person summoned and directed by such individual while engaged in the execution of any official duties.
(c) A teacher or other person employed by any school and the teacher or other employee is on the grounds of a school or grounds adjacent to the school or is in any part of a building or vehicle used for school purposes, any teacher or school nurse visiting a private home in the course of the teacher's or nurse's professional duties or any teacher engaged in any authorized and organized classroom activity held on other than school grounds.
(d) A licensed health care practitioner who is certified or licensed pursuant to title 32, chapter 13, 15, 17 or 25, or a person summoned and directed by the licensed health care practitioner while engaged in the person's professional duties. This subdivision does not apply if the person who commits the assault is seriously mentally ill, as defined in section 36-550, or is afflicted with alzheimer's disease or related dementia. (e) A prosecutor.
The main difference between the two provisions is that the second provision includes qualifying circumstances that aggravate the commission of the crime of Assault. These qualifying circumstances differ from the extent of injury, the victim, age, etc… In the case at bar, it could be seen that the crime committed is the crime of aggravated assault. The fact that Bob had a broken leg as a result of his falling down the stairs due to the collision between him and Dr.
Oldguy qualifies the assault to aggravated assault. Even if Dr. Oldguy had no intention to assault or injure Bob, his reckless behavior is cause to make him liable for the injuries sustained by Bob. As mentioned above, Subsection A of Section 13-203 of the Arizona Revised Statutes provides for the causal relationship between the conduct and the result. The significance of this provision is that it makes people liable for the results of their conduct notwithstanding the absence of intent.
According to the said provision of law, a conduct is deemed the cause of the result provided that the two requisites are met. These are the following: 1. If it weren’t for the conduct, the result in question would not have occurred; and 2. The relationship between conduct and result satisfies any additional causal requirements imposed by the statute defining the offense. Since the injury sustained by Bob is directly caused by the reckless act of Dr. Oldman, the latter should be held liable for the injury sustained by Bob.