Inchoate Crimes

Question 1

Solicitation

Answer 1

When person commends or otherwise attempts to persuade another person to commit felony.

Enhance if the solicitor is age 18 or older and the person solicited is under the age of 18.

Question 2

Attempt

Answer 2

A criminal attempt requires a specific intent to commit a criminal act coupled with direct but ineffectual act (overt act) taken toward the commission of intended crime.
The overt act must be well calculated to accomplish the intended result and must approach sufficiently close enough to completion to amount to the commencement of the consummation.

The attempt merges with completed crime.
Factual impossiblebility is not a defense.

Question 3

Conspiracy

Answer 3

A person is guilty of conspiracy if he confederates or agrees with another to commit a felony.

Virginia does not require an overt act to be performed in order to complete conspiracy - overt act might support existence of conspiracy.

Question 4

When can conspirator can be convicted of crime of other conspirators?

Answer 4

If the crime is reasonably foreseeable and the natural consequence of conspiracy, a conspirator can be convicted of both the offense of conspiracy and crimes committed by another conspirator in furtherance of the conspiracy.

Question 5

Is withdrawal a defense to conspiracy?

Answer 5

Which draw is not a defense to conspiracy in Virginia. And effective we draw can limit defendants liability for substantive crimes committed by co-conspirators.

Question 6

Can conspiracy and committed offense be tried at the same trial?

Answer 6

Yes defendant can be tried and convicted of both conspiracy and substance of offense in the same trial.

The defendant cannot be tried for conspiracy to commit an offense, for which he was tried and convicted of committing, prior to conspiracy trial.