Other crimes

Question 1

What are the general crimes against the person?

Answer 1

Assault
Battery
Malicious wounding
Reckless endangerment
Use or display of a firearm
Kidnapping

Question 2

What are the elements of assault?

Answer 2

• An attempt to commit a battery; or
• Intentionally placing another in fear of immediate offensive touching

Question 3

What are the elements of battery?

Answer 3

o Unlawful
o Application of force
o To another person
o That causes bodily harm to that person or constitutes an offensive touching

Question 4

What is malicious wounding?

Answer 4

maliciously injuring another with the intent to maim, disfigure, disable, or kill him

Question 5

What constitutes the crime of use or display of a firearm as a separate offense?

Answer 5

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

Question 6

What are the elements of kidnapping/abduction?

Answer 6

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.

Question 7

What are the elements of rape?

Answer 7

• 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

Question 8

What is solicitation?

Answer 8

• Commanding or otherwise attempting to persuade another person
• To commit a felony

Question 9

What are the elements of a conspiracy?

Answer 9

agreement with another to accomplish a felony

• Overt act not required in VA

Question 10

Does conspiracy merge with the subject crime?

Answer 10

No. A defendant can be tried and convicted of both the substantive offense and conspiracy to commit that offense in the same trial

Question 11

What is the scope of liability for a conspirator?

Answer 11

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

Question 12

What is the effect of a withdrawal from a conspiracy?

Answer 12

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

Question 13

What are the elements of “attempt” crimes?

Answer 13

• 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

Question 14

Is “attempt” merged with completed crime?

Answer 14

Yes. A defendant cannot be convicted of both attempt and the completed crime.