Other crimes Flashcards
What are the general crimes against the person?
Assault
Battery
Malicious wounding
Reckless endangerment
Use or display of a firearm
Kidnapping
What are the elements of assault?
- An attempt to commit a battery; or
- Intentionally placing another in fear of immediate offensive touching
What are the elements of battery?
o Unlawful
o Application of force
o To another person
o That causes bodily harm to that person or constitutes an offensive touching
What is malicious wounding?
maliciously injuring another with the intent to maim, disfigure, disable, or kill him
What constitutes the crime of use or display of a firearm as a separate offense?
o Uses, attempts to use, or displays a firearm in a threatening manner
o While committing or attempting to commit murder, rape, forcible sodomy, object sexual penetration, robbery, carjacking, burglary, malicious wounding, or abduction
o “Firearm” includes objects that look like firearms but are incapable of firing a bullet by the explosion of gunpowder
What are the elements of kidnapping/abduction?
o Taking or detaining another person by force, intimidation, or deception and without legal justification, with the intent to deprive the other person of his personal liberty;
o Withholding or concealing another person from those entitled to his charge; or
o Subjecting another person to forced labor services.
What are the elements of rape?
- Sexual intercourse with another person or causing a person to engage in sexual intercourse with any other person:
o Against their will, by force, threat, or intimidation;
o Through the use of the victim’s mental incapacity or physical helplessness; or
o With a child under the age of 13.
Need not produce evidence that alleged victim cried out or physically resisted
What is solicitation?
- Commanding or otherwise attempting to persuade another person
- To commit a felony
What are the elements of a conspiracy?
agreement with another to accomplish a felony
- Overt act not required in VA
Does conspiracy merge with the subject crime?
No. A defendant can be tried and convicted of both the substantive offense and conspiracy to commit that offense in the same trial
What is the scope of liability for a conspirator?
a conspirator can be convicted of both the offense of the conspiracy and crimes committed by any other co-conspirators in furtherance of the conspiracy if the crime is reasonably foreseeable and a natural consequence of the conspiracy
What is the effect of a withdrawal from a conspiracy?
Withdrawal cannot be a defense to conspiracy in VA, but can limit a defendant’s liability for substantive crimes committed by co-conspirators after communicating the withdrawal
What are the elements of “attempt” crimes?
- Specific intent
- To commit a criminal act
- Direct, but ineffectual act (overt act) towards commission of crime
- Substantial step toward commission of crime (Well calculated to accomplish the intended crime; Must amount to the “commencement of the consummation” and not mere preparation)
- Factual impossibility not a defense
Is “attempt” merged with completed crime?
Yes. A defendant cannot be convicted of both attempt and the completed crime.
