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virginia criminal law > Offenses against the Person > Flashcards

Offenses against the Person Flashcards

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1
Q

Assault is…

A
  1. An overt act intended to do bodily harm to another, with the present ability to cause such harm;

OR

  1. An overt act intended to place a person a person in fear or apprehension of bodily farm, and that actually causes a reasonable fear or apprehension.
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2
Q

Battery is…

A

the unlawful application or force resulting in bodily injury or offensive touching.

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3
Q

Simple assault or battery are punishable as…

A

misdemeanors.

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4
Q

Malicious wounding is…

A

the malicious shooting, stabbing, etc., with the intent to maim, disfigure or kill.

[e.g. attempts to poison; injury by caustic substances; injury of a child by a parent with intent to cause permanent injury].

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5
Q

Aggravated malicious wounding is…

A

malicious wounding + the victim is severely injured and is caused to suffer permanent and significant physical impairment.

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6
Q

If a person commits any of the malicious wounding acts to a pregnant person with the intent to cause involuntary termination of that pregnancy, the person is guilty of…

A

aggravated malicious wounding.

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7
Q

Wounding while committing a felony consists of…

A

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

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8
Q

A simple assault may result in mandatory confinement for 6 months if it is committed against:

A
  1. One who was chosen because of their protected class (hate crime};
  2. Law enforcement/firefighters while engaged in the performance of their duties (broadly defined);
  3. Teachers/principals/guidance counselors engaged in the performance of their duties when the defendant uses a weapon prohibited on school property.
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9
Q

Any person who unlawfully causes bodily injury to another with intent to maim, disfigure, disable, or kill, while knowing or having a reason to know that the other person is emergency personnel engaged in the performance of public duties is guilty of…

A

a felony, with greater penalities when the act is also done maliciously.

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10
Q

A person committing an assault or battery against a family or household member is guilty of a _______ for the first or second offense. The third and subsequent convictions constitute _______.

A

Class 1 misdemeanor; class 6 felonies.

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11
Q

Stalking is…

A

placing another person in reasonable fear of death or bodily injury, on more than 1 occasion, with intent to cause that person emotional distress, or violating a protective order.

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12
Q

This is a common law crime consisting of the intentional maiming of another. It is now covered under the malicious wounding statutes in Virginia.

A

mayhem

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13
Q

All murder is presumed to be…

A

second degree murder.

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14
Q

The burden to elevate a second-degree murder charge to aggravated or 1st-degree murder rests on…

A

the prosection.

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15
Q

The burden to reduce a second-degree murder charge to voluntary manslaughter rests on…

A

the defense.

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16
Q

Aggravated (capital) murder is the…

A

willful, deliberate, premeditated murder:

  1. during abduction with intent to extort;
  2. for hire;
  3. by an inmate;
  4. during an armed/attempted robbery;
  5. during a rape/attempted rape;
  6. of a judge/LE agent/fire marshall for the purpose of interfering with performance of their duties;
  7. of a witness to prevent them from testifying;
  8. of more than 1 person in the same transaction;
  9. of more than 1 person within 3 years;
  10. of any person during the manufacturing/distribution/sale of controlled substances to further the crime;
  11. of a pregnant woman with intent to cause the involuntary termination of the pregnancy;
  12. of any person pursuant to the direction or order of a continuing criminal enterprise;
  13. of someone age 14 by someone over age 21;
  14. during the commission/attempt of terrorism.
17
Q

First-degree murder is proved by showing that…

A

(1) The D killed another; and
(2) The killing was malicious; and
(3) The killing [was willful, deliberate and premeditated; occurred by poison; occurred by lying in wait; occurred by imprisonment; occurred by starving].

18
Q

Felony homicide is…

A

accidental and committed in the course of a non-enumerated felony.

19
Q

A death that results from the circumstances coincident to the felony, but not from actions of the felon, is…

A

not a death for which a felony murder conviction will obtain.

There must be a causal connection between the felony and the accidental killing.

20
Q

In Virginia, is there a limit of time for which the prosecution may bring a homicide charge against a defendant?

A

No. Virginia has repealed the year-and-a-day rule.

A homicide prosecution may be brought regardless of the amount of time that has passed between the act that caused the death and the victim’s death.

21
Q

In Virginia, voluntary manslaughter and involuntary manslaughter are determined…

A

at common law.

22
Q

The defendant’s state of mind for involuntary manslaughter is determined…

A

objectively. Ask: whether the defendant knew or should have known of the risk their conduct created.

23
Q

Unintentionally causing the death of another while driving under the influence may amount to…

A

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

24
Q

Terrorism occurs when a person who commits, conspires to commit, or aids and abets the commission of certain violent acts with intent to…

A
  1. Intimidate the civilian population; or
  2. Influence the conduct or activities of a government through intimidation.
25
Q

Carjacking is the…

A

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

26
Q

Abduction is when one…

A

(1) By force, intimidation or deception;
(2) Seizes, detains, or hides a person; and
(3) Did so with the intent to deprive the person of personal liberty or to conceal from his legal gaurdian;
(4) Without legal justification or excuse.

asportation is not necessary in VA.

27
Q

How long may a merchant detain a suspected shoplifter in Virginia?

A

up to one hour.

28
Q

What is the age for Virginia statutory rape?

A

13.

29
Q

Bigamy occurs when a person…

A
  1. Marries a person, in Virginia, while having another living spouse;
  2. Marries a person in another state while having another living spouse, and cohabits with that person in Virginia.
30
Q

A person is not guilty of bigamy if:

A
  1. Their spouse was continuously absent for 7 years, and the person did not know that the spouse was alive during that time;
  2. The person married in good faith under reasonable belief that their former spouse was dead;
  3. The person divorced their previous spouse; or
  4. Their prior marriage was void.
31
Q

(TRUE/FALSE): Words alone can never amount to an assault of any kind.

A

TRUE.

32
Q

False imprisonment is..

A

the direct restraint by one person of the physical liberty of another without adequate legal justification

33
Q

One may be convicted of First Degree Felony Murder by a showing…

different than first degree murder!

A

(1) The D killd another; and
(2) That killing occurred in the commission/attempt of [rape, arson, robbery, burglary, or abduction].

34
Q

Second Degree Murder is any killing done with….

A

malice.

35
Q

One may be guilty of Second Degree Felony Homicide if…

A

(1) They killed another;
(2) Accidentally;
(3) While in the commission of a separate felony; and
(4) When the killing and felony were parts of one continuous transaction and closely related in time and place.

36
Q

One may be convicted of voluntary manslaughter if they…

A

(1) Killed another; and
(2) That killing was the result of an intentional act; and
(3) That killing was committed while [in the suddent heat of passion upon reasonable provocation; OR while in mutual combat].

37
Q

(TRUE/FALSE): Words alone, no matter how offensive or insulting they may be, are never sufficient provocation to reduce the offense of murder to manslaughter.

A

TRUE.

38
Q

Involuntary manslaughter is…

A

an accidental killing, either
(1) during the performance of an unlawful but not felonius act, or
(2) During the performance of an act amounting to criminal negligence.

virginia criminal law (10 decks)

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