Themis Essay 4111 Flashcards
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 a conspiracy; agreement to commit a felony is sufficient.
Withdrawal is not a defense to conspiracy in Virginia, however
a defendant can limit his liability for substantive crimes committed by co-conspirators by withdrawing from the conspiracy.
For a defendant to withdraw from a conspiracy in order to limit liability for crimes committed by a co-conspirator, a defendant must
give notice to his co-conspirators.
Conspiracy only merges with the completed crime when
the defendant has already been tried and convicted of the substantive crime.
A criminal attempt requires a specific intent to commit a criminal act coupled with
an overt act toward the commission of the intended crime.
An overt act cannot be merely preparatory, but must be
well calculated to accomplish the result intended and approach sufficiently close enough to completion.
A conspirator can be convicted of both the offense of the conspiracy and crimes committed by any other co-conspirator in furtherance of the conspiracy if
the crime is reasonably foreseeable and a natural consequence of the conspiracy.
Robbery is
a common-law crime in Virginia.
The elements of robbery are:
(i) the taking;
(ii) with intent to steal;
(iii) of the personal property of another;
(iv) from his person or in his presence;
(v) against his will;
(vi) by violence or intimidation.
A person commits abduction if he
by force, intimidation, or deception and without legal justification, seizes, takes, transports, detains, or secrets another person with the intent to deprive the other person of their personal liberty.
