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Flashcards in VA Criminal Law Deck (25):

Class 1 felony is punishable by?

Death or life, unless person under the age of 18 at time of offense or is determined to be mentally retarded - then only life


Difference between a class 2 and class 3 felony?

Class 2 - punishment is 20 to life
Class 3 - punishment is 5 to 20
Both subject to a fine of up to $100,000


If no punishment or no maximum punishment is prescribed, then what is the most the offense can be punished by?

Class 1 misdemeanor (up to 12 months in jail and/or up to a $2500 fine)


Is voluntary intoxication a defense to specific intent crimes in Virginia?

No, not a defense, unless the intoxication produced permanent insanity.


What insanity test is followed by Virginia?

M'Naughten (did not know act was wrong)
Irresistible impulse test (unable to control)
Defendant has a choice


When a defendant raises an insanity defense, the burden of proof is?

On defendant to prove insanity to the satisfaction of the jury


What is the standard for attempt to commit a crime in Virginia?

A direct act done with the intent to commit the crime, which falls short of completing the crime.


Can a co-conspirator's statements be used as evidence against another?

Yes, exception to heresy if made in furtherance and during course of conspiracy?


In Virginia can a person be convicted of conspiracy if the other party was a police informant?

No - Virginia follows a bilateral approach to conspiracy which requires an agreement between two or more persons, with the intent to commit an agreement.


It is entrapment if the police provide the opportunity to commit the crime?

No. Not entrapment.


Requirements for entrapment defense?

1) criminal design must originate with police
2) no predisposition prior to interaction with police
- mere inclination to engage in illegal activity is not adequate proof of predisposition


In VA can a defendant still be guilty of felony murder if the conduct was not one of the enumerated crimes?

Yes, if there is a causal connection between the murder and felony.


What is required to convict a defendant of perjury?

1) defendant gave sworn testimony on two separate occasions
2) testimony on one occasion contradicted the testimony on the other;
3) acts were done with the intent to testify falsely


What is subornation of perjury?

inducing of another to give false material testimony

if convicted then punished as though given perjury


Grand larceny involves taking property of another with intent to permanently deprive the person of the property. What is the value requirement in VA?

$5 if taken from person
any value if it involves a firearm


Is an overt act required in VA for conspiracy?

No - overt act is not needed.


A person is criminally liable as a principal in the second degree when:

a) need to be present and
b) either:
1) person commits some overt act such as inciting, encouraging, advising, or assisting the commission of the crime; or
2) shares in principals' criminal intent


How is a principal in the second degree punished in VA?

Same as principal in the first degree, except for murders for hire


Is larceny a continuing offense?

later people can join in the larceny.


Requirements to be guilty as an accessory after the fact?

One knows of commission of crime and receive, relieve, comfort or assist the felon in escaping punishment


Are close family members excluded from being liable as an accessory after the fact?

Yes. excluded
Applies to parents, spouses, children, grandparents, brothers, and sisters (does not apply to uncles or nephews)


Is the prosecution entitled to a presumption if it can prove the defendant has burglarious tools and is not a license dealer of those tools?

Yes. Burden shifts to defendant to explain possession


In VA, can embezzlement be charged as larceny?



What does the Commonwealth need to establish that defendant had a) fiduciary relationship or b) entrusted with the property of another?

b) entrusted with the property of another


If a criminal defendant is charged with the use of a firearm while committing a robbery is it necessary that a fireman actual be used?

No. Could be based on the threat of gun (place hand in a pocket or a threat to cause harm)