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VA Criminal Law > Offenses Against the Person > Flashcards

Offenses Against the Person Flashcards

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1
Q

What is the definition of common law assault?

A

Placing another in apprehension of immediate offensive touching, or attempted battery.

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2
Q

What is the definition of common law battery?

A

The unlawful application of force resulting in bodily injury or offensive touching.

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3
Q

Simple assault or battery is this level of crime.

A

Misdemeanor

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4
Q

What are the elements of malicious wounding?

A

Defendant Must:

  1. Have Malice
  2. Shoot, stab, cut, or wound any person, or cause him bodily injury by any means,
  3. with specific intent to:
    1. maim, disfigure, disable, or kill.
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5
Q

When is a malicious wounding offense downgraded?

A

When the defendant performs a malicious wounding unlawfully and with the requisite intent, but not maliciously, e.g. heat of passion.

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6
Q

Malicious wounding can also include attempts to…

A

poison food, drink, or cosmetic products; and the actual successful poison thereof.

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7
Q

To define malice, courts look to ________ rules due to similar mental-states in both laws.

A

homicide

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8
Q

What is the definition of malice in the context of malicious wounding?

A

Malice occurs when:

  • the accused acts with a sedate, deliberate mind, and:
    • formed design, or
    • committed a purposeful and cruel act without any or without great provocation.
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9
Q

A common theme running through the definitions of malice is a requirement that…

A

a wrongful act be done wilfully or purposefully.

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10
Q

Malice is implied by law from any…

A

deliberate, willful, and cruel act against another, however sudden.

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11
Q

Malice may be inferred from the deliberate use of a deadly weapon, unless:

A

from all the evidence, there is reasonable doubt as to whether malice existed

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12
Q

Under what circumstances is Malicious Wounding expanded to Aggravated Malicious Wounding?

A
  1. If the victim is severely injured and suffers permanent and significant physical impairment
  2. If the defendant maliciously wounded a pregnant woman with intent to cause involuntary termination of her pregnancy, or says the same to her.
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13
Q

What is the definition of wounding while committing a felony?

A

Shooting, stabbing, or displaying a firearm while committing or attempting to commit a felony.

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14
Q

What is the rule for Assault as a Hate Crime?

A

The assault and battery committed because of the victim’s race, religion, color, or national origin.

RRCN

Roddy Rich can’t nap

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15
Q

What is the punishment for Assault as a Hate Crime?

A

Mandatory term of confinement of at least 6 months, 30 days of which shall not be suspended.

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16
Q

When is the charge of assault as a Hate Crime upgraded?

A

When the victim suffers bodily injury because of the attack

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17
Q

What are the elements of simple assault on a Law Enforcement Officer or Firefighter?

A

A person who:

  1. commits an assault and battery on another,
  2. knowing or having reason to know that such other person is a law enforcement officer (broadly defined) or firefighter engaged in the performance of his duties.
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18
Q

What are the elements of Simple Assault of Certain School Employees?

A

A person who:

  1. commits an assault and battery on another,
  2. knowing or having reason to know that such other person is a:
    1. teacher, principal, assistant principal, or guidance conselor who is engaged in the performance of his duties.
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19
Q

When is the charge of assault of a school employee aggravated?

A

When D assaults with a weapon that is prohibited on school property

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20
Q

What are the elements of Inury to Certain Emergency Personnel?

A

Any person who:

  1. Unlawfully causes bodily injury to another,
  2. with specific intent to:
    1. maim, disfigure, disable, or kill
  3. knowing or having a reason to know that the victim is a law enforcement officer, firefighter, emergency medical services worker, etc. engaged in the performance of public duties.
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21
Q

What are the elements of stalking?

A
  1. Placing another person in reasonable fear of death or bodily injury,
  2. on more than one occassion,
  3. with intent to cause that person emotional distress, or
  4. in violation of a stalking protective order.

Pizza makes Ira eternally vomit

22
Q

What is the classification for stalking?

A

First offense: Class 1 misdemeanor

Second conviction within a five-year period: Class 6 felony

23
Q

What Virginia statutes are implemented in place of common law mayhem?

A

Malicious wounding and malicious wounding with caustic substances, fire, or explosives.

24
Q

In Virginia, all intentional killing of another human being is presumed to be what crime?

A

Second degree murder.

25
Q

The burden to elevate a presumed Second Degree Murder conviction to first degree or capitol murder is on the ____________.

A

Prosecution

26
Q

The burden to reduce the presumed second degee murder conviction to voluntary manslaughter is on the _______.

A

Defense

27
Q

What is Capital Murder?

A

Capital Murder is the willful, deliberate, premeditated murder under 14 different circumstances.

28
Q

What is First Degree Murder?

A

Murder, other than capital murder, by one of the following:

  • Poison
  • Lying in wait
  • Imprisonment
  • Starvation
  • Any willful, deliberate, and premeditated murder that does not fall within capital murder
29
Q

What is Second Degree Murder?

A

Second Degree Murder is all murder that is neither capital nor first degree.

30
Q

What is felony murder?

A

Intentional or accidental killing committed in the course of an enumerated felony or an attempt to commit an enumerated felony.

31
Q

Felony murder is classified in the same category as…

A

First Degree Murder

32
Q

What is felony homicide?

A

Accidental homicide comitted in the course of a non-enumerated felony.

33
Q

What are the enumerated felonies?

A
  1. Arson
  2. Rape
  3. Forcible Sodomy
  4. Object sexual penetration
  5. robbery
  6. burglary, or
  7. kidnapping

(Adolf Really Shits on Randall’s Big Knee)

34
Q

What are non-enumerated felonies?

A

Any felony not listed as an enemuerated felony.

35
Q

In order for a defendant to be convicted of felony murder, there must be a ______ __________ between th felony and the killing.

A

causal connection

36
Q

What is the Doctrine of Transferred Intent?

A
  • If a person shoots someone,
  • intenting to kill her,
  • and a third person is killed, then
  • intent is transferred to the killing of the third person.
37
Q

In Virginia, the Year and a Day Rule is…

A

repealed. A prosecution for murder or manslaughter may be brought regardless of the amount of time that has passwed between the act or omission that caused the victim’s death.

38
Q

What is voluntary manslaughter?

A

Unlawful killing without malice (i.e. in the heat of passion, without cold-hearted premeditation).

39
Q

What is involuntary manslaughter?

A

An accidental killing, contrary to the intet of the parties, while committing:

  1. An unlawful but not felonious act, or
  2. and act amounting to criminal negligence.
40
Q

For the purposes of involuntary manslaughter, the defendant’s state of mind is determined from a/an __________ perspective.

A

objective; Whether he knew or should have known the risk his conduct created.

41
Q

Unintentionally causing the death of another while driving under the influence is considered…

A

involuntary manslaughter, and aggravated involuntary manslaughter if the defendant’s conduct shows a reckless disregard for human life.

42
Q

What is carjacking?

A

The inentional seizure of control of a vehicle with the intent to deprive another of control, by violence or threat of serious bodily harm.

43
Q

What are the elements of kidnapping?

A
  1. By force, intimidation, or deception
  2. without legal justification or excuse
  3. seizes, physically detains, takes, transports, or secretes another person
  4. with intent to deprive that person of liberty or withhold him from one entitled to his charge.
44
Q

For a valid kidnapping conviction, asportation of the victim (is/is not) required when all other elements are present.

A

is not

45
Q

What are the rules for Kidnapping by Parent?

A

Kidnapping while proceeding is pending.

  • Class 1 misdemeanor if the child was not removed from Virginia, or
  • Class 6 felony if the child was removed from virginia.
46
Q

Kidnapping by Parent penalties are (in addition to/instead of) contempt penalties.

A

in addition to

47
Q

What are the rules for Violation of Custody Order or Visitation?

A

Any person who:

  1. knowingly, wrongfully, and intentionally
  2. withholds a child,
  3. from either of a child’s parents or other legal guardian
  4. in a clear and significant violation of a court order respecting the custody or visitation of such child.
48
Q

When is abduction aggravated?

A
  • The purpose is to collect ransom
  • The purpose is to commit robbery or rape
  • The victim is a child
49
Q

How long may a merchant detain a suspected shoplifter?

A

Up to one hour.

50
Q

What are the different child neglect laws?

A
  • Willful contributing to minor delinquency
    • Misdemeanor
  • Neglect for child wanton and reckless-Felony
  • Parent/other caretaker for child wilfully fails to care for child to permit endagering life or health of child- Aggravated Felony
51
Q

What are the elements of Written Threat?

A
  1. Knowing communication
  2. in writing
  3. of a threat to kill or do bodily injury to the recipeint or the recipient’s family, and
  4. the threat places the recipient in reasonable apprehension of death or bodily injury to himself or his family.
52
Q

What are the different types of homicide in Virginia?

A
  • Capital murder
  • First degree murder (M1)
    • Including felony murder
  • Second degree murder (M2)
  • Voluntary manslaughter
  • Involuntary manslaughter
  • Felony homicide

VA Criminal Law (12 decks)

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