Felonies

Question 1

What is murder of the first degree?

Answer 1

Murder by poison, lying in wait, imprisonment, starving, or any willful, deliberate and premeditated killing not specified in the capital murder statute.

Question 2

What is murder of the second degree?

Answer 2

All other murders than capital and 1st degree.
Murder is unlawful killing of human being with malice. Malice is the intent to kill or intent to inflict serious bodily harm and death results.

Question 3

What is felony murder?

Answer 3

Murder of 1st degree. Murder committed in the commission or attempted commission of arson, rape, forcible sodomy, inanimate or animate object sexual penetration, robbery, burglary, or abduction except as otherwise provided in the capital murder statute.
May be intentional or accidental.

Question 4

What are the elements of murder of pregnant woman?

Answer 4

The willful and deliberate killing of a pregnant women: premeditation, knowledge of pregnancy, and intent.

• without premeditation by one who knows that women is pregnant and has intent to cause the involuntary termination of pregnancy- imprisonment not less than 10 and not more than 40 years.

Question 5

What are the elements of killing a fetus?

Answer 5

With premeditation: person who unlawfully, willfully, deliberately, maliciously, and with premeditation kills fetus commits Class 2 felony (life or not less than 20 years imprisonment + no more than $100k fine)

Without premeditation: and without knowledge of pregnancy, reduced punishment to not less than 5 and no more than 40 years.

Question 6

What are the elements of voluntary manslaughter?

Answer 6

Common law offense: unlawful killing committed without malice, usually in the heat of passion or in sudden mutual combat.
Class 5 felony: not less than 1 year and not more than 10 years; or at discretion of jury/judge not more than 12 months in jail and/or fine up to $2500.

Question 7

What are the elements on involuntary manslaughter?

Answer 7

Accidental, unintentional killing of another that occurs during the defendant’s perpetration of an unlawful act that is not felony or lawful act committed with criminal negligence.

Driving under influence.

Class 5 felony: not less than 1 year and not more than 10 years; or at discretion of jury/judge not more than 12 months in jail and/or fine up to $2500.

Question 8

What are the elements of driving under influence involuntary manslaughter?

Answer 8

A person who unintentionally kills another as result of driving a motor vehicle, boat, under influence of alcohol, drugs, or other self administrated intoxicant commits involuntary manslaughter.

Causation is required: there must causal connection between unlawful act and death.

Question 9

What are the standards for aggravated involuntary manslaughter?

Answer 9

Defendant’s conduct was so gross, wanton, an culpable as to show reckless disregard to human life when killing occurred.

Question 10

What is a presumption for every unlawful homicide in VA?

Answer 10

Presumed murder of second degree.

Question 11

What must Commonwealth do to accuse of first degree of capital murder?

Answer 11

Every unlawful homicide presumed 2nd degree murder!
The Commonwealth must make prima facie case showing that malice or premeditation existed.
Than burden shifts to D to show mitigating evidence (eg: heat of passion.)
Commonwealth must show absence of presented mitigation factor beyond reasonable doubt.

Question 12

What are elements of battery?

Answer 12

Battery is unlawful application of force to another person that causes bodily harm or offensive touching of that person.

It’s a misdemeanor but can be elevated to felony depending on the status of a victim.

Only relevant intent is to cause contact with person.

Question 13

What are elements of assault?

Answer 13

Assault is an attempt to commit battery or intentionally placing another in apprehension of an immediate offensive touching.

Attempt of unlawful application of force to another person that would cause bodily harm or attempt of offensive touching to that person.

It’s a misdemeanor but can be elevated to felony depending on the status of a victim.

Question 14

What are statutory assault and battery kinds?

Answer 14

HMMURAA

1. Hazing
2. Mob
3. Malicious wounding
4. Use or display of firearm
5. Reckless endangerment
6. Attempts to poison
7. Adulteration of food

Question 15

Special class of victims - when simple battery/ assault can be elevated to a felony?

Answer 15

1. Hate crimes - intentionally selects victim based on race etc.
2. School employees- knows it’s school employee.
3. Family or household member.
4. Judge of law enforcement officer.
5. Health care provider.

Question 16

What are elements of use or display of a firearm?

Answer 16

If a persons uses, attempts to use, or displays a firearm in a threatening manner while committing or attempting to commit murder, rape, forcible sodomy, robbery, carjacking, burglary, malicious wounding or abduction - person commits separate felony.
Firearms include objects that look like firearm but are incapable of firing bullet.

Question 17

What are elements of reckless endangerment?

Answer 17

Person intentionally throws an object capable of causing injury, with intent to cause injury to another, from a balcony, rooftop, or place higher than one story above ground level.

Question 18

Malicious wounding is

Answer 18

Malicious shooting, stabbing, cutting, wounding or injuring another with intent to maim, disfigure, disable, or kill - class 3 felony.

Unlawful shooting, stabbing, cutting, wounding or injuring another with intent to maim, disfigure, disable or kill - class 6 felony

Question 19

Aggravated malicious wounding is…

Answer 19

If the victim of malicious shooting, stabbing, cutting, wounding or injuring is severely injured and suffers permanent and significant physical impairment, or is pregnant - class 2 felony

Question 20

Malicious wounding of law enforcement officer…

Answer 20

D commits malicious wounding and D knows or should have known that person is law enforcement officer, firefighter, rescue worker or emergency medical provider engaged in the performance of his duties - felony not less than 5 years and not more than 30 years.
If wounding unlawful - Class 6 felony

Question 21

Wounding during felony

Answer 21

D unlawfully shoots, stabs, cuts, or wounds during commission of felony - Class 6.

Question 22

Malicious wounding by use of caustic substance or fire

Answer 22

Malicious injury by means of acid, lye, or by explosive or fire - not less than 5 years not more than 30.
If unlawful - class 6 felony

Question 23

Elements of kidnapping/abduction

Answer 23

1. By force, intimidation, or deception and without legal justification, seizes, takes, transports, detains, or secrets another person with intent to deprive the other person of his personal liberty.
2. Withholds or conceals person from any person, authority, or institution lawful entitled to his charge.
3. Subject someone to forced labor services.

Question 24

Parental kidnapping?

Answer 24

Any person knowingly, wrongfully, and intentionally withholds a child (outside of VA) from his parents or legal guardian in violation of court order regarding visitation or custody - class 6 felony.
Child withheld in VA - misdemeanor.

Question 25

Abduction with intent to extort money/ abduction for immoral purposes?

Answer 25

Abduction of any person with the intent to extort money or to defile the person, or for the purpose of prostitution, or any minor to create child pornography - Class 2 felony

Question 26

Threat of abduction or attempt of abduction?

Answer 26

Anyone who threatens or attempts abduction with intent to extort money, or assists, aids in abduction with intent to defile person, or in abduction of female under 16 for purpose of prostitution - Class 5.

Question 27

Enticing another into a dwelling to commit certain felonies?

Answer 27

A person who enticed, solicited, requested, or otherwise caused the victim to enter a dwelling house in order to commit specific crimes (murder, robbery, abduction with intent to extort, rape) is guilty of separate Class 6 felony.

Question 28

Threats

Answer 28

Person commits felony is he knowingly communicates in writing or electronically a threat to kill or do bodily injury to another person or member of family, and the threat places that person in reasonable apprehension of such harm or death.

Oral threat- misdemeanor