Criminal Law

Question 1

Difference between common law and statutory burglary?

Answer 1

Common law burglary requires: (1) the breaking and entering (2) of a dwelling, (3) at night, and (4) with the intent to commit larceny or a felony therein.

Statutory burglary is broader when it comes to the act and the timing. It includes: (1) nighttime entry without breaking; (2) breaking and entering during the day; (3) entering and concealing oneself during the day. It does not need to be a dwelling. Finally, the degree is graded based on the severity of the felony intended.

Question 2

Explain Common law burglary’s elements:

Answer 2

• Breaking can included opening an unlocked door but it does not include walking through an already opened door.
• A dwelling is a place used for human habitation, but the person need not be present.
• The intent to commit the larceny or felony must exist at the time of entry
• The intended crime need not be completed for burglary to occur.

Question 3

What is the defense of entrapment? Relevant factors?

Answer 3

Entrapment occurs when the idea for the crime originated with the law enforcement officer and the defendant is not predisposed to the criminal act. The defendant would not have committed the offense but for procurement by the police.

Defendant’s prior crimes may be relevant to predisposition. Also, who approached who?

Question 4

What is an accommodation defense?

Answer 4

If such person proves that he gave, distributed or possessed with intent to give or distribute a controlled substance classified in Schedule I or II only as an accommodation to another individual who is not an inmate in a community correctional facility, local correctional facility or state correctional facility as defined in § 53.1-1 or in the custody of an employee thereof, and not with intent to profit thereby from any consideration received or expected nor to induce the recipient or intended recipient of the controlled substance to use or become addicted to or dependent upon such controlled substance, he shall be guilty of a Class 5 felony.

In other words, where an individual is charged with PWID or distribution of a controlled substance and they prove by PoE that they did so to accommodate a friend without any pecuniary intention, then it will mitigate the crime.

Question 5

What is embezzlement?

Answer 5

D is entrusted with the property of another and then takes with the intent to deprive the owner of the property permanently.

Question 6

Can you burgle a house that you have been entrusted with taking care of?

Answer 6

Yes, but also other crime like embezzlement

Question 7

What is extortion?

Answer 7

• The defendant threatened injury to the person, character or property of another person.
• The threat caused the other person to part with money or some type of property.
• The defendant knowingly and intentionally made the threat.

Question 8

What are the elements for a conviction of possession of CDS?

Answer 8

Actual or constructive possession of the drug with knowledge of its character by one who exercises dominion and control of the drug meets the requirements for conviction. Ownership is not required.

Question 9

What are the elements for a conviction of possession of a firearm by a convicted felon?

Answer 9

1. The person be a felon
2. The person has knowing possession of the gun. Ownership not required.

Question 10

What are the requirements for an attempt crime?

Answer 10

1. Mens rea: the specific intent to commit the crime
2. A direct substantial act towards its commission. More than mere preparation, but can be an ineffectual act like making a threat the teller didn’t hear (impossibility is not a defense).

Question 11

What are the elements of armed robbery?

Answer 11

1. Armed (no need of a real gun)
2. The taking of personal property;
3. From the person or presence of another
4. By force or threat
5. With the intent to steal

One who intends to commit a crime and commits a direct, but ineffectual act towards commission of the crime, has committed the crime of an attempt.

Question 12

Is abandonment a defense?

Answer 12

No, it will only limit Pinkerton vicarious liability in a conspiracy case

Question 13

What is conspiracy?

Answer 13

A conspiracy is an agreement between two or more persons by concerted action to commit a crime. Proof of an overt act in furtherance of the conspiracy is not necessary for a conviction.