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13. What is the most serious offense for which the homeless woman could properly be convicted?
The jurisdiction defines aggravated assault as assault with intent to cause serious bodily injury.
A homeless woman broke into the basement of a hotel and fell asleep. She was awakened by a security guard, who demanded that she leave. As the homeless woman was leaving, she cursed the security guard. Angered, the guard began to beat the homeless woman on her head with his flashlight. After the second blow, the homeless woman grabbed a fire extinguisher and sprayed the guard in his face, causing him to lose his sight in one eye.
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A is incorrect. The homeless woman only sprayed the guard in the face in self-defense. A non-aggressor is justified in using force upon another if she reasonably believes that such force is necessary to protect herself from imminent use of unlawful force by the other person. In this case, the guard was beating the homeless woman on her head with a flashlight, and the homeless woman's actions in grabbing an available fire extinguisher and spraying it in the guard's face were done to protect herself from the guard's continued use of unlawful force. The fact she was a trespasser or that she had cursed him did not make the guard's beating of her lawful, and the homeless woman was allowed to protect herself.
B is incorrect. There is no evidence that the homeless woman broke into the hotel with the intent to commit a felony or a theft. She merely broke in and went to sleep. Because she did not have the requisite mens rea, the homeless woman cannot properly be convicted of burglary.
C is incorrect. The homeless woman was acting in self-defense. The most serious offense the homeless woman can be charged with in this fact situation is trespass.