Criminal Law

Question 1

What are the elements of Embezzlement in Virginia?

Answer 1

Embezzlement is the fraudulent use, concealment, disposing of, or embezzling of any commercial paper or tangible or intangible property that was: (i) received for another person or for one’s employer, (ii) received by virtue of one’s office or employment, or (iii) entrusted to one by another.

Question 2

A person is guilty of conspiracy when…

Answer 2

…he agrees with another to commit a felony.

Question 3

What is the definition of felony murder?

Answer 3

Felony murder is murder of the first degree and is defined as a murder committed in the commission or attempted commission of arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary, or abduction (kidnapping) except as otherwise provided in the aggravated murder statute.

Question 4

What are the elements of robbery?

Answer 4

(i) the taking,
(ii) with intent to steal,
(iii) of the personal property of another, (iv) from his person or in his presence, (v) against his will,
(vi) by violence or intimidation.

Question 5

A principal in the second degree is a person who is present at the commission of the crime and…

Answer 5

…shares the principal in the first degree’s intent that the crime be committed or aids, abets, encourages, assists, or advises a principal in the first degree in the commission of the crime.

In felony cases, every principal in the second degree may be indicted, tried, convicted, and punished in the same manner as a principal in the first degree.

Question 6

A principal in the first degree is the person whose acts or omissions are the […] of the crime.

Answer 6

actus reus

Question 7

A person is guilty of conspiracy if…

Answer 7

…he agrees with another to commit a felony.

No overt act is required in VA. The agreement alone is enough.

Question 8

What is the defintion of larceny?

Answer 8

The taking of another’s personal property by trespass with the intent to permanently deprive that person of the property.

Question 9

Any person commits grand larceny (a felony) if he commits the following:

Answer 9

(i) larceny from another’s person of money or thing of value of $5 or more;

(ii) simple larceny not from another’s person of goods and chattels with a value of $1,000 or more; OR

(iii) simple larceny not from another’s person of a firearm, regardless of value.

Question 10

A reasonable or unreasonable istake of fact is a defense to […] crimes.

Only a reasonable mistake of fact can be a defense to […] crimes.

Answer 10

[specific intent]

[general intent or malice]

Question 11

What are the specific intent crimes?

Answer 11

i) First-degree murder

ii) Inchoate offenses (attempt, solicitation, conspiracy)

iii) Assault with intent to commit a battery

iv) Theft offenses (larceny, larceny by trick, false pretenses, embezzlement, forgery, burglary, robbery).

Question 12

Every unlawful homicide in Virginia is presumed to be murder of the […] degree.

Answer 12

second

Question 13

In order to rise to the level of first-degree or aggravated murder, the Commonwealth must make a prima facie showing that […] and if so shown, the burden of producing mitigating (e.g., heat of passion) evidence shifts to the defendant.

Answer 13

[malice or premeditation exists]

Once the defendant has shown some evidence of a mitigating factor, the Commonwealth must prove the absence of such factor beyond a reasonable doubt.

Question 14

An accessory before the fact assists the principal in the first degree by […], […], or […], but is not present during the commission of the crime.

Answer 14

[verbal encouragement]

[financial assistance]

[physical assistance]

In felony cases, every accessory before the fact may be indicted, tried, convicted, and punished in the same manner as a principal in the first degree.

Question 15

An accessory after the fact is a person who knows a felony has been committed and thereby…

Answer 15

… aids or assists a principal in the first degree or accessory before the fact avoid or escape prosecution.

Question 16

A person commits common-law burglary if he/she…

Answer 16

…breaks and enters another’s dwelling in the nighttime with the intent to commit a felony or larceny therein.

Question 17

Upon motion of […], the court may order multiple defendants charged with participating in contemporaneous and related acts or in a series of acts constituting an offense jointly tried unless […].

Answer 17

[the Commonwealth]

[it would prejudice the defendant]

If prejudice is present, the court must order the prejudiced defendant severed.

Question 18

Entrapment is…

Answer 18

…the conception and planning of an offense by a law enforcement officer, and his procurement of its commission by a defendant who would not have committed that offense except for the trickery, persuasion, or fraud of the officer.

In other words, D had no predisposition to commit the crime prior to meeting with da cops.

Question 19

Explain the accommodation defense.

Answer 19

A defendant may establish that he gave, distributed or possessed a controlled substance only as an accommodation to another individual without an 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.

This accommodation defense does not absolve the defendant of the crime but can result in a lesser sentence.

Question 20

Knowingly or intentionally possessing a prohibited object (e.g., drug paraphernalia, burglar’s tools) or a substance (e.g., illegal narcotics) is unlawful if the defendant…

Answer 20

… exercises control over such object or substance.

Dominion and control must exist for a period long enough to have provided the defendant with an opportunity to cease such dominion and control.

Question 21

Withdrawal [is/is not] a defense to conspiracy in Virginia.

Answer 21

[is not]

However, a defendant can limit his liability for substantive crimes committed by co-conspirators by withdrawing from the conspiracy. In order to withdraw, the defendant must give notice to his co-conspirators.

Question 22

A criminal attempt requires a specific intent to commit a criminal act coupled with […] toward the commission of the intended crime.

Answer 22

[a direct, but ineffectual act (an overt act)]

The overt act must be well calculated to accomplish the result intended and must approach sufficiently close enough to completion to amount to the “commencement of the consummation.”

The act cannot be merely preparatory.

Question 23

A conspirator can be convicted of both the offense of the conspiracy and…

Answer 23

…crimes committed by any other co-conspirator in furtherance of the conspiracy if the crime is reasonably foreseeable and a natural consequence of the conspiracy.

Question 24

A person commits abduction if he/she…

Answer 24

…by force, intimidation, or deception and without legal justification, seizes, takes, transports, detains, or secrets another person with the intent to deprive the other person of her personal liberty.

Question 25

An accessory [may/may not] be convicted whether or not the principal is convicted, although […].

Answer 25

[may]

[it must be proven that the principal committed a criminal offense].

Further, under Virginia law, an accessory before the fact will also be criminally liable for any incidental crimes committed by a principal in the first degree in furtherance of any crimes they contemplated committing together.

Question 26

Voluntary intoxication is generally not a defense in Virginia, unless…

Answer 26

…the person is so greatly intoxicated that he was incapable of deliberation and premeditation in an aggravated or first-degree murder charge.

Question 27

Self-defense is an affirmative defense in Virginia that, if established, results…

Answer 27

… in an acquittal.

Question 28

A defendant who is without fault may use self-defense when he…

Answer 28

… reasonably fears bodily harm by another and exercises reasonable force to repel the assault.

A person may only use deadly force if there are reasonable grounds to believe he was in imminent danger of great bodily harm or death at the time deadly force was used.

Question 29

If the defendant was the initial aggressor and wants to claim self-defense, he must have…

Answer 29

…completely abandoned the original attack by retreating to the extent he can safely do so and making known his desire for peace by word or act.

Question 30

Constructive possession may be proved by…

Answer 30

…evidence of acts, declarations, or conduct of the accused from which a fair inference may be drawn that he knew of the existence of prohibited object at the place where it was found.