Municipal Police Officers' Education and Training Commission (MPOETC) Act 120 Practice Exam

When someone breaks into a house violating a PFA and also assaults the protected party, what is the legal outcome?

1. One charge of felony assault

2. Two separate charges of indirect criminal attempt

3. One charge of breaking and entering

4. No charges can be filed

The correct answer is: Two separate charges of indirect criminal attempt

The situation described involves two distinct criminal actions: breaking into a house, which is a violation of the Protection from Abuse (PFA) order, and assaulting the protected party. In this context, the correct legal outcome reflects that both of these actions can lead to separate charges due to their unique legal implications. The breaking and entering constitutes a violation of the PFA, which may be charged as a separate offense relating to unlawful entry. In conjunction, the physical assault on the protected party constitutes another offense, giving rise to a charge of felony assault. However, the term "indirect criminal attempt" can refer to situations where a person attempts but fails to commit a crime, and in this case, the physical assault was completed. Thus, the situation is more accurately characterized by the presence of multiple, distinct charges—one for breaking and entering and another for felony assault—reflecting the severity and individuality of each action taken. Therefore, the option indicating two charges of indirect criminal attempt does not fully capture the direct nature of the offenses committed; rather, understanding the legal framework suggests that separate charges for each crime would appropriately follow. The scenario illustrates how two separate yet related offenses can lead to legal repercussions, showcasing the importance of recognizing the nuances in