Criminal Law Elements Flashcards
1
Q
Larceny
A
- a taking
- and carrying away
- of tangible personal property
- of another
- by trespass (wrongfully)
- with intent to perminantly deprived
2
Q
Embezzlement
A
- the fraudulent
- conversion (dealing w/ the property in a manner inconsistent w/ the arrangement)
- of personal property
- of another
- by a person in lawful possession of that property
3
Q
False Pretenses
A
- obtaining title
- to personal property of another
- by intentional false statement (misrepresentation)
- with intent to defraud the other
4
Q
Larceny by trick
A
victim is tricked by misrepresentation of fact into giving up possession of the property (not title)
5
Q
Virginia Larceny Distinction
A
Larceny, embezzlement, and false pretenses = larceny
Grand larceny
* taking from the person of another ($5+)
* Simple larceny of $1,000+
* Simple larceny of any firearm
Petit larceny
* larceny from the person of another (<$5)
* simple larceny of <$1,000
6
Q
Recipt of stolen property
A
- Receiving possession or control
- of stolen personal property
- known to have been obtained criminally
- by another person
- with intent to perminantly deprive the owner
7
Q
Robbery
A
- taking
- of personal property of another
- from the other’s person or presense
- by force or threats of immediate death or physical injury
- with intent to perminantly deprive
8
Q
Robbery by threat
A
- threat must be of imminent bodily harm
- victim must be put in fear of harm
- threat would cause apprehension of immediate harm in a reasonable person
9
Q
Forgery
A
- making or altering
- a writing
- so that it is false
- with intent to defraud
10
Q
Burglary (common law)
A
- a breaking
- and entry
- of a dwelling
- of another
- at nighttime
- with the intent to commit a felony therein
11
Q
Burglary (Virginia)
A
- entering at nighttime without breaking or entering in daytime with breaking
- a dwelling, office, shop, wearhouse, etc
- with intent to commit a felony therein
12
Q
Arson (common law)
A
- the malicious (intentional or with reckless disregard of obvious risk)
- burning
- of the dwelling
- of another
13
Q
Arson (Virginia)
A
- the malicious (intentional or with reckless disregard of obvious risk)
- burning
- of any building
14
Q
Battery
A
- an unlawful application of force
- resulting in either bodily injury or offensive touching
general intent crime
15
Q
Aggrivated battery
A
- battery with a deadly weapon
- battery resulting in serious bodily harm
- battery of a child, woman, or police officer
