DC Criminal Law and Procedure
This domain tests whether you can state the elements of the District's most-charged offenses, cite the statutory authority for a warrantless arrest, and explain what happens between arrest and first appearance. DC is not a state: its criminal code is Title 22 of the DC Code, its procedure Title 23, and its local trial court is DC Superior Court.
Elements, not labels
- Simple assault (DC Code § 22-404): an attempt, with force or violence, to injure another, or an offer to do so coupled with an apparent present ability, plus intent and lack of consent. No injury is required - an intent plus an offer is enough.
- Assault with a dangerous weapon (§ 22-402): a simple assault committed with a weapon likely to produce death or serious bodily injury. The weapon and its use must be described, not assumed.
- Robbery (§ 22-2801): taking property from the person or immediate actual possession of another by force or violence, or by putting the person in fear. The force must be the means of taking; force used only to escape afterwards is a different theory.
- Burglary (§ 22-801): entry of a building or dwelling with intent to commit an offense inside. First-degree burglary adds the element of a dwelling entered at night.
- Marijuana: adults 21 and older may possess up to two ounces, cultivate up to six plants (three mature) at home, and give it away without payment. Public consumption is a civil violation; unlicensed sale remains criminal.
Arrest and process
DC Code § 23-581 authorizes a warrantless arrest for an offense committed in the officer's presence, for felonies on probable cause even outside the presence, and for listed statutory exceptions. After arrest the person must be brought before a judicial officer without unnecessary delay - in practice, within 48 hours. Adult felonies are generally papered by the US Attorney's Office for the District; the DC Attorney General prosecutes juveniles and many local misdemeanors.
Worked example
You watch a man punch another in the face outside a Metro entrance, then walk away. The victim says he does not want to press charges. Do you arrest? Yes. Assault occurred in your presence, so § 23-581 supplies authority; the victim's preference matters to prosecution but is neither an element nor a bar. Your report must establish the offer or attempt, the intent, and the absence of consent - the punch and the spontaneous statements do it.
Traps
Assuming injury is required for assault; charging burglary without alleging intent to commit a crime inside; treating marijuana odor as automatic probable cause for a broader search; believing a misdemeanor arrest always requires a warrant; confusing the prosecutor's office for juveniles with the one for adults.