VA Crim Law

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VA Crim Law
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VA Crim Law
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  1. Felony Classes
    F1 – death or life, $100,000

    F2 – 20-life; $100,000

    F3 – 5-20y; $100,000

    F4 – 2-10y; $100,000

    F5 – 1-10y; or discretionary up to 12 mo, $2500

    F6 – 1-5y; or discretionary up to 12 m, $2500
  2. Misdemeanor Classes
    M1 – up to 12mo, $2500

    M2 – up to 6mo, $1000

    M3 –$500

    M4 – $250
  3. What are other conditions that can be imposed on offenders?
    Samples for DNA analysis (for felonies)

    • Forfeiture – proceeds of profits from a crime put
    • into escrow for the victims

    Probation – after conviction, the court can suspend the sentence and put D on probation under certain conditions, i.e. partial restitution or community service.
  4. What rights to
    victims of a crime have?
    • 1.    to prepare a victim-impact statement for
    • sentencing

    • 2.    if cooperating, to be informed of the
    • level of protection available to them
  5. Malice
    1)  D acts with sedate, deliberate mind and formed design

    2)  Or commits any purposeful and cruel act without great provocation.

    • *** Malice can be inferred from the deliberate use of deadly
    • weapon

    *****Malice is the distinction between murder and manslaughter
  6. Capital Murder
    F1

    1)  willful, deliberate and premeditated

    2)  Killing

    • 3)  And:
    • a.    Abduction for money or defile V
    • b.    Hire
    • c.     Inmate or under custody
    • d.    Robbery or attempt
    • e.    Rape, attempt, sodomy, sex penetration
    • f.     Law enforcement
    • g.    More than one person
    • h.    Moving controlled substances
    • i.      Pregnant – intent
    • j.      Under 14 by over 21
    • k.    Terrorism
    • l.      Judge or witness to interfere with justice
  7. First Degree Murder
    F2

    ·     basically anything other than capital murder

    ·     any willful, deliberate and premeditated killing

    • ·     or murder by Poison, lying in wait,
    • imprisonment, starvation
  8. Felony Murder crimes
    • Treated as First degree murder (F2) if carried out while attempting or committing: BARRK: Burglary, Arson, Robbery, Rape and other sex
    • crimes, Kidnapping
  9. Felony Homicide crimes
    Any killing that is an accidental murder carried out during the commission of a felony not included in felony murder.  Treated as 2nd degree murder.
  10. What is required for a felony murder conviction?
    • ·     the death must be related in time place and
    • causation to the crime

    ·     (result of the actions of the felon)

    ·     Follows agency theory and kind of redline rule by V.

    • o  Under the agency theory, the death must be
    • related to the underlying crime.

    o  Not liable for death of co-felons killed by a victim.
  11. Voluntary manslaughter
    • F5
    • ·     intentional,

    ·     non malicious homicide

    ·     occurred in sudden mutual combat or as a result of heat of passion induced by reasonable provocation.
  12. Involuntary manslaughter
    F5

    • ·     Accidental killing of another (caused by
    • criminal negligence)

    ·     Contrary to the intentions of the parties

    • ·     From
    • o  an unlawful (but not felonious) act, or
    • o  Criminal Negligence from an improper performance of a lawful act:
    • § Wanton or willful character 
    • § Reckless or indifferent disregard of the rights
    • of others
    • § Probable that injury would result
    • § Standard: D should have known actions would
    • produce substantial risk of harm.

    ***(DUIs that kill people are in this category)
  13. Assault
    M1

    An attempt

    With force and violence

    To do some bodily hurt to another

    With wanton or malice

    By means calculated to produce the end if carried into execution
  14. Battery
    M1

    Actual infliction of corporal hurt on another

    Willfully or in anger
  15. Assault and battery for specific classes of people
    Heightened if: 

    ·     If intentionally selected based on race, religious conviction, color

    ·     A judge, lE, CO, Firefighter engaged in public duties

    ·    Teacher principal, guidance counselor engaged in performance of duties

    ·     Family member – see family member
  16. Assault and battery against a family or household member
    Assault + battery =M1; 

    However, on a 3rd or subsequent conviction = F6
  17. Malicious wounding
    ·     Maliciously

    ·     Shooting, stabbing, cutting, wounding or causing bodily injury

    ·     To another

    ·     With intent to maim, disfigure, disable, or kill

    (assault + battery is a lesser included offense to this.)

    F3; however, if done without malice it is F6
  18. Aggravated malicious wounding
    F2

    If results in:

    ·     victim’s severe injury

    ·     or permanent and significant physical impairment
  19. Reckless endangerment
    F6

    ·     intent to cause injury to another

    • ·     intentionally throw any object capable of
    • causing  injury to another from above
    • ground level.
  20. Possession of infectious biological substances or radiological agents.
    F5

    ·     if you possess…above

    ·     w/ intent to injure another
  21. Wounding in committing a felony
    F6

    ·     shoots, stabs, cuts or wounds another person

    ·     while attempting or committing a felony
  22. Use or display of a firearm in committing a felony
    is a separate felony if used in a threatening manner
  23. Attempts to Poison
    • F3
    • Administers of attempts to administer any poison or destructive
    • substance

    w/ intent to kill or injure
  24. Adulteration of food and other substances
    F3

    Adulterates or causes to adulterate food drink meds cosmetic

    w/ intent to injure or kill
  25. Reckless handling of
    firearms
    M1

    It is unlawful to handle recklessly any firearm as to endanger the life limb or property of another
  26. Allowing access to firearms by children
    M3

    ·     recklessly leave a loaded , unsecured firearm

    ·     in a manner endangering a child under 14
  27. Kidnapping
    F5

    1.    by force, intimidation or deception

    2.    w/o legal justification of excuse

    3.    seizes, takes, transports, detains or secretes another person

    4.    w/ intent to:

    a.    deprive v of personal liberty

    b.   w/hold or conceal from someone

    c.     subject v to forced labor or services

    ·     !Note: moving the victim is not required
  28. Who is exempt from kidnapping
    statute?
    ·     law enforcement performing his duty

    ·     Merchants who have pc someone shoplifted (1 hour pending LE arrival)
  29. When is kidnapping aggravated?
    1.    if w/ intent to extort

    2.    w/ intent to defile V

    3.    V under 16 + purpose concubinage or prostitution
  30. Kidnapping by a parent
    M1 – if not taken out of VA, and if punishable by contempt of court in any pending proceeding

    F6 – if taken from VA and punishable as contempt in any pending proceeding
  31. Violation of Custody or Visitation Order
    • ·     if a person knowingly, wrongfully and
    • intentionally

    • ·     withholds a child from either of a child’s
    • parents or guardian

    ·     in violation of a custody or visitation order,

    ·     and outside va F6

    ·     (if not outside va= M1)
  32. Rape
    • 1.    accused has sexual intercourse with a
    • complaining W or causes W to engage in sexual intercourse with any other
    • person, AND

    2.    Accomplished by:

    a.     threat, force, or intimidation Against W’s will,

    b.    Through use of W’s mental incapacity or physical helplessness

    c.     w/ child under 13

    ** mandatory minimum 5 years
  33. When is a rape offender subject to a 25 year min sentence?
    1.    V under 13,

    2.    D is more than 3 years older than V,

    3.    And rape in the commission of an abduction, burglary, or aggravated malicious wounding.
  34. What is needed to
    establish attempted rape?
    1.    intent

    • 2.    direct act 
    • - goes far enough to amount to the commencement of the crime.
  35. Carnal knowledge of
    Child between 13 and 15
    F4

    ·     sexual intercourse & other sexual acts

    ·     w/o use of force

    • ·     of a child between 13 and 15
    •  

    F6 if V consents, D is a minor, and there is an age gap ofover 3 years

    M4 if V consents, D is a minor, and age gap is less than 3 years
  36. Sexual battery
    M1

    ·     sexual abuse

    ·    against V’s will

    ·     by threat, force, intimidation, or ruse
  37. Aggravated sexual battery
    F6 if Elements of sexual battery, plus one of the following:


    V is under 13, or 13-15

    V’s physical or mental incapacity

    • Committed ay a parent, stepparent,
    • grandparent, step-grandparent and V is 13-15

    • Use or threat of dangerous weapon,
    • or

    V suffers serious bodily injury
  38. Bigamy & defenses
    F4

    marries another person in VA or

    • marries another person outside of
    • VA but co habits w/ that person w/in the state

    while having a living spouse

    Defenses:

    • spouse 1 has been continuously
    • absent for at least 7 years and D did not know S1 was alive

    gf believe s1 was dead

    divorce

    first marriage was void
  39. Adultery
    M4

    married person

    voluntarily

    has sexual intercourse

    • with a person that is not his
    • spouse
  40. Incest
    • F5 Adultry or fornication w/ his child, grandchild, or
    • parent

    F3 if it is a child or grandchild between 13 and 18
  41. Prostitution and Solicitation
    M1

    for money or equivalent

    offers of commits

    adultery or fornication
  42. Taking indecent
    liberties with a child
    F5

    ·     over 18

    ·     lascivisious (lewd) intent

    ·     knowingly and intentionally

    • o  exposes genitals or sexually propositions to a
    • child under 15

    • o  or, receives money for allowing or enticing a
    • person under 18 to be a subject of child porn
  43. Child abuse and neglect
    willful act or omission 

    to provide necessary care

    for the child’s health

    M1

    F4 if results in serious injury

    F6 if gross wanton reckless disregard for human life

    **VA also has similar statutes for incapacitated adults instead of child
  44. Robbery
    taking

    intent to steal

    • personal property of another
    • against his will

    by violence or intimidation
  45. Carjacking
    F—15 years to life

    • intentional seizure or control of
    • a motor vehicle of another

    • intent to deprive another person
    • in possession of control of vehicle

    by means of threat or battery
  46. Extortion
    F5

    • require money property or
    • pecuniary benefit

    • by threat, accusing him of an
    • offense, or immigration status
  47. Death Threats
    F6

    knowingly communicates in writing

    • a threat to kill or do bodily
    • injury to a person or his family

    • & places that person in
    • reasonable apprehension of said threat
  48. Death Threats at Schools
    F6

    communicates in writing

    threat to kill or bodily harm

    • on grounds of school property or
    • sponsored event

    to any person

    • that would place that person who
    • is the object of the threat in reasonable apprehension of death of bodily harm
  49. Terrorism
    F2-3

    act of violence

    committed w/ the intent to

     intimidate the civilian population at large

    • or influence the conduct or
    • activities of the US/state/locality govt.
  50. Possession of weaponof terrorism
    F2

    • intent to comit an act of
    • terrorism

    possesses/uses/sells/distributes/manufactures…


    A weapon of terrorism

    Any device or material

    Designed, intended, or used

    • To cause death, bodily injury, or
    • serious bodily harm

    • Through release, dissemination or
    • impact of

    • Poisonous chemicals, bio
    • sustatnce, radiation or radioactivity

    Or bomb or explosives
  51. Possession of a hoaxdevice
    F3

    Same as possession of a weapon of terrorism except is an imitation of a weapon of terrorism
  52. Act of bioterrorism
    • maliciously destroys or devastates
    • agricultural crops or animals having value of $2500 or more.

    Though infectious bio substance

    • w/ intent to intimidate civ pop or
    • influence govt activities
  53. What is a Mob?
    collection of people

    • assembled for the purpose and
    • intention

    • to commit assault and battery upon
    • a person
  54. Types of Mob Activity
    • All people composing a mob are
    • criminally liable even if they did not actively helped, encouraged, or
    • personally hurt the victim

    • Lynching: mob activity resulting
    • in death to V = murder

    Malicious wounding  = F3

    commission of a violent felony
  55. Larceny (generally)
    • wrongful taking of another
    • person’s property

    w/o permission

    • w/ intent to deprive person of
    • that property permanently

    • **(lesser included offense of
    • robbery)

    • ** just moving the property is
    • sufficient if coupled w/ intent…
  56. Grand larceny
    Is larceny, plus one of the following: 

    • taken from the person of another
    • over $5

    over $200

    firearm
  57. simple larceny
    plain theft unaccompanied by other bad circumstances
  58. Petit Larceny
    M1

    From the person of another under $5 or

    Simple larceny under $200
  59. Arson
    F4

    malice

    • burns, explodes, or destroys or
    • aids the burning of

    a dwelling
  60. What is a dwelling?
    • Anywhere where a person lives! This can include building, ship, vessel, rivercraft, railroad car, automobile, truck, trailer. Not:
    • outhouse.
  61. Burglary
    F3 or F2 w/ deadly weapon

    1)  entering

    a. at night

    b. or entering and breaking in the daytime

    c.  or entering and concealing oneself

    2)  in a dwelling

    3)  w/ intent to commit a felony
  62. “Breaking”
    constructive – by threat

    • actual – application of some
    • force, this includes merely pushing a door, lifting a latch, whatever
  63. Embezzlement
    = larceny by Va statute

    wrongfully appropriates

    to his use or benefit

    • w/ intent to deprive the owner
    • thereof

    • the property entrusted to him by
    • virtue of his employment or office
  64. False pretenses
    = larceny by Va statute

    false representation

    to deceive

    • to obtain value from another w/o
    • compensation
  65. Perjury
    • Willfully swears falsely under oath regarding any material
    • issue
  66. Bribery of publicofficial
    give, offer or promise 

    gratuity

    to a public official

    to influence official decision
  67. Unlawful assembly
    3 or more people assemble

    • common intent to advance some
    • purpose

    • by the commission of act(s) of
    • unlawful force or violence likely to jepardise public safety, peace or order

    • and the assembly actually inspires
    • people to act?
  68. Riot
    • F5 – unlawful use of force or violence by 3 or more persons
    • acting together
  69. Cross burning
    Burning w/ intent to intimidate =F6
  70. Wiretapping
    F6

    ·     intentionally

    ·     intercept, or endeavor to intercept – or procure someone else to or o use a device to intercept

    ·     any wire, electronic or oral communication

    • ·     Or—to disclose or use the contents
    • of an interception, knowing those contents were intercepted
  71. Computer Fraud
    The use of a computer network, to:


    • obtain property or services by
    • false pretenses

    embezzle or commit larceny

    convert property
  72. Transmission of Spam
    Spam = unsolicited commercial electronic mail

    It is prohibited to:

    • Forge email transmission
    • information or routing information in connection with the transmission of spam

    • Sell or distribute software that
    • makes spam
  73. Attempt
    intent to commit the crime

    • direct act towards its
    • consummation, but falling short of the ultimate design (any slight act will
    • constitute attempt)

    • ** Factual impossibility is not a
    • defense
  74. Conspiracy
    • agreement between 2 or more
    • persons = the act

    • intent to achieve an unlawful act
    • or lawful act by unlawful means

    • NO OVERT ACT NECESSARY—just
    • agreement to commit the crime

    • Proof of explicit agreement not
    • required, can be proved by circumstantial ev
  75. Virginia Conspiracy Hearsay exception
    ·     co-conspirator declarations made in furtherance of a conspiracy is an exception to the hearsay rule

    ·     but not statements made after the conspiracy has concluded
  76. Solicitation(Criminal)
    Attempt of D 

    • To incite another to commit a
    • criminal offense

    • Whether the crime is committed is
    • immaterial
  77. Principals first andsecond degree
    • first degree – is the immediate
    • perpetrator of a crime

    • second degree – present at time of
    • crime’s commission, but also commits some overt act such as enticing
    • encouraging, advertising, assisting
  78. Accessory (types)
    • Before the fact – not present at the
    • time of offense but helped beforehand

    • After the fact – knows the felon
    • is guilty of a felony but receives, relieves, comforts, assists afterwards.
    • Family members not included.
  79. Can a principal oraccessory escape liability?
    • Yes. If he withdraws his aid, and  it is evidenced by acts of words indicating
    • disapproval or opposition to the contemplated crime. He must also do everything
    • practicable to detach himself from the crime and to prevent it from being
    • committed.
  80. Self Defense
    • affirmative defense—D must prove
    • by introducing sufficient evidence to raise a reasonable doubt of his guilt
    • that:

    • Reasonably fear death or serious
    • bodily harm

    • Force must be reasonable in
    • relation to the threat

    • **Necessity for self-defense cannot
    • arise out of D’s own conduct – unless D, as the original aggressor, abandons
    • the fight and retreats first.

    • ***No duty to retreat- may stand your
    • ground.
  81. Duress
    D must demonstrate: 

    • criminal conduct was the product
    • of an unlawful threat

    • causing him to reasonably believe
    • that performing the crim conduct was the only reasonable opportunity to avoid
    • imminent death or serious harm
  82. Entrapment
    • planning of an offense by an
    • officer

    • procurement of its commission by
    • one who would not have perpetrated it

    • except for the trickery,
    • persuasion or fraud of the offier

    • Therefore, if the criminal design
    • originated with D, and LE just provided an opportunity =not entrapment.
  83. What insanity testdoes Va follow?
    M’naughten Rule: 

    D is mentally ill and because of that,

    Did not understand the nature and consequences of his acts

    Was not able to distinguish right from wrong.
  84. What if the accused pleadsinsanity, and understands the nature and consequence of his acts and candistinguish right from wrong?
    • Irresistible impulse test: Mind is so impaired that he is totally deprived of the mental capacity to control or restrain his
    • acts.
  85. When can voluntaryintoxication be used as a defense in Virginia?
    • Generally, it cannot –even for
    • specific intent crimes, unlike common law

    • Can negate specific intent for 1st
    • degree or capital murder, if D can show intoxication was so great he was
    • incapable of deliberation of premeditation

    • If it produces a permanent
    • insanity in D—perhaps caused by habitual abuse
  86. Infancy & VACriminal Law
    • Juvenile who is 14 or older is
    • presumed competent to stand trial

    • If charged with something that
    • would be considered a felony as an adult, go to normal circuit court. It will
    • remain in juv ct. if court determines incompetent.

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