Violent/Fear-Based Crimes

Question 1

What is Robbery? What is its lesser included offense?

Answer 1

Robbery is taking property from a person or their presence by violence, intimidation, or placing them in fear, with the intent to steal.

Lesser included offense: Larceny.

(Note: Prosecutors can often charge both)

Question 2

What are the core elements of Robbery?

Answer 2

• Taking with intent to steal
• From the person or in their presence (against their will)
• By violence, intimidation, or placing in fear

Question 3

Robbery Element 1: Explain “Taking” and the required intent

Answer 3

Taking: Any physical movement (asportation), even the slightest. Applies to tangible property (not stocks).

Intent: Must have the intent to permanently deprive (steal) at the time the violence or intimidation occurs.

Question 4

Robbery Element 1: Does the property have to be taken from the legal owner?

Answer 4

No. It just needs to be taken from someone who has a better claim to the property than the robber (e.g., possessor, custodian).

Question 5

Robbery Element 2: Explain “From his person or in his presence.”

Answer 5

• Person: Directly from their body (e.g., purse on shoulder).
• Presence: Close proximity and control. Includes property in the same car or house, potentially even a different room/floor if the victim is held under threat. Key factors: Proximity and Control.
• Not Presence: If victim is unaware the taker is there (e.g., entering garage unknown).

Question 6

Robbery Element 3: Explain “By violence OR intimidation OR placing in fear.” When must this occur?

Answer 6

Must occur at the time of the taking or be part of an “unbroken sequence of events” connected to the taking. Force/threat used merely to escape after a completed larceny might not elevate it to robbery unless it’s part of that continuous sequence.

Examples: Pointing/showing a weapon, pulling a knife, pretending to be police, implying threat.
Standard: Would a reasonable person be put in fear?

Question 7

Can robbery occur if the force/threat is used to retain property just stolen?

Answer 7

Yes, if it’s part of an “unbroken sequence of events.”
Examples:

• Picking up a lost phone, then pulling a gun when the owner returns.
• Catching someone taking items outside your house, and they threaten you.
• Pumping gas without paying, then threatening the attendant who confronts you (ongoing larceny).

Question 8

Is it robbery if a bank teller gives money due to a bank policy to comply during robberies?

Answer 8

Yes. The taking is still against the will of the possessor (teller/bank) and is induced by fear/intimidation, even if there’s a policy to comply to prevent harm.

Question 9

What level of force is needed for the “violence” element of robbery?

Answer 9

More force than necessary simply to remove the property from the person. Snatching a purse might be larceny if no extra force or resistance occurs, but if there’s a struggle or sufficient force to overcome resistance, it can become robbery. (This often involves case-specific facts).

Question 10

Are getaway drivers guilty of robbery?

Answer 10

Yes, under principles of accomplice liability.

Question 11

If property is taken from two individuals during one incident, how many robberies occurred? Who is the victim?

Answer 11

Two robberies. The person is the victim of robbery, not the store or entity.

Question 12

What are the two ways Assault can be committed?

Answer 12

• An attempted battery.
• An intentional threat to cause bodily harm coupled with an overt act, which creates a reasonable apprehension of imminent harm in the victim.

Question 13

What are the elements of Assault (as an attempted battery)?

Answer 13

1. An attempt or offer
2. With force or violence
3. To do bodily harm to another
4. With the present ability to carry it out.

Question 14

Are words alone ever sufficient for an assault?

Answer 14

NEVER. There must be an accompanying overt act or circumstance indicating an immediate threat and ability. (e.g., Threatening from inside a car with no move to exit might not be enough)

Question 15

What is Battery?

Answer 15

An unconsented, intentional touching of another person that is harmful or offensive.

Question 16

What are the elements of Battery?

Answer 16

1. Unconsensual, intentional touching (can be direct or indirect, e.g., throwing something).
2. With intent to do bodily harm OR intent imputed by law (e.g., based on anger, rudeness).
3. Resulting in injury or offensive touching.

Question 17

Battery: Does the victim need to be aware of the touching? Does the defendant need specific intent to harm that person?

Answer 17

Awareness: No, the victim doesn’t need to be aware at the time (e.g., sleeping).
Intent: Intent can be imputed (inferred from actions/rudeness). Transferred intent applies (intend to hit A, hit B instead -> still battery on B).

Question 18

Give examples of Battery. Are there exceptions?

Answer 18

Hitting, pushing, spitting on someone, unwanted hugging, throwing an object that hits someone.

Exceptions:

• Lawful parental spanking (Woodson).
• Lawfully ejecting a trespasser (e.g., bouncer using reasonable force).
• School officials using reasonable force to maintain order (given deference).

Question 19

Under what circumstances can Assault & Battery become a Felony in VA?

Answer 19

Hate Crime: Victim selected based on race, religion, color, national origin, disability, sexual orientation, or gender identity.

Victim’s Status (Performance of Duties): Victim is a judge, magistrate, law enforcement officer, firefighter, EMT/rescue personnel, or ABC agent engaged in public duties, AND the offender knows or has reason to know the person’s status. (Others exist, like subsequent offenses, but these are highlighted in notes).

Question 20

What is Strangulation in VA? Is it a felony or misdemeanor?

Answer 20

• It is a Felony.
• Defined as: Knowingly, intentionally, and unlawfully impeding the blood flow OR respiration of another person by applying pressure to the neck, resulting in wounding or bodily injury, without consent.
• Includes: Suffocating by blocking nose/mouth

Question 21

Strangulation: What constitutes “wounding or bodily injury”?

Answer 21

A very low threshold. Can include:

• Marks or redness on the neck
• Neck pain
• Difficulty swallowing
• Swelling
• Momentary blackout
• Visible signs of pain (e.g., screaming)
• Trouble breathing (for suffocation)

Question 22

What is Stalking in VA?

Answer 22

Conduct on **more than one occasion **directed at another person with the intent to place, or **knowing or reasonably should know **that the conduct places that person (or their family/household member) in reasonable fear of death, criminal sexual assault, or bodily injury.

Question 23

Stalking: Is it a felony or misdemeanor? Where must the acts occur?

Answer 23

Misdemeanor for the first offense.
Felony for a second or subsequent offense within 5 years.
Jurisdiction: At least one of the stalking acts must occur in Virginia. Prior acts from other states can be considered.

Question 24

Stalking: Explain “more than one occasion.” Does a long time gap matter?

Answer 24

Requires at least two separate instances of conduct. A long time gap between contacts can still constitute stalking, especially if the gap itself increases fear or the conduct resumes. (Even 15 years mentioned as possible).

Question 25

Stalking: Explain the "fear" element and the required intent.

Answer 25

**Fear**: Measured by a **reasonable person standard.** Would a reasonable person in the victim's circumstances fear death, sexual assault, or bodily injury? Past conduct/abuse is relevant **** **Intent**: Defendant must intend to cause fear OR know or reasonably should know their actions would cause fear. Recklessness may suffice. No direct threat required; unwanted, creepy, or obsessive conduct can qualify. Lack of a legitimate purpose for the conduct is a factor.

Question 26

Stalking: What is the "Prima Facie Rule" mentioned?

Answer 26

Evidence that the defendant continued the conduct (contacting/following) **after** being given notice (by the victim or law enforcement) that the victim did not want contact can be prima facie evidence of intent to place the victim in fear.

Question 27

Stalking: How difficult is it to establish the elements?

Answer 27

The notes suggest it's "super easy to charge" and has a "low standard," particularly regarding establishing fear and the type of conduct that qualifies. Unwanted conduct alone, even without direct threats, can be sufficient (Stephens v. Rose).

Question 28

Robbery: Explain the "Dicks employee" scenario where an employee pretended to be robbed by a friend. Why might this not be robbery regarding the manager who walked away?

Answer 28

Robbery requires the taking be from the person/presence by violence/intimidation directed at *that* person (or someone whose will is overcome). In the example: 1. The employee wasn't actually put in fear (they were complicit). 2. The violence/threat wasn't directed at the *manager* to facilitate the taking from the manager's presence/control. The manager wasn't the target of the force/fear *at the time of taking*. (Though PC might still be arguable depending on exact facts).

Question 29

What kinds of circumstantial evidence are often used to prove Robbery in Virginia?

Answer 29

Common circumstantial evidence includes: * Proximity to the crime scene shortly after the event. * Matching the victim's description (clothing, physical features). * Possession of items matching those stolen or used (e.g., unique weapon, mask, clothing). * Flight when approached by law enforcement. * Inconsistent, false, or evasive statements when questioned. * Physical evidence connecting suspect to scene (e.g., mud on shoes, DNA). * Canine alerts. * Video surveillance footage.

Question 30

Battery: If a person commits two separate unwanted touchings during one incident (e.g., throws two different objects hitting someone), how many counts of battery can be charged?

Answer 30

Two counts of battery. Each distinct, unconsented, harmful/offensive touching constitutes a separate offense.

Question 31

Give specific examples from the notes of behavior that could constitute Stalking (as part of a pattern placing someone in reasonable fear).

Answer 31

Examples mentioned include: * Showing obscene material to young girls (implying fear of sexual assault). * Persistently knocking on a stranger's door trying to initiate unwanted contact/dates. * Engaging in bizarre/creepy behavior repeatedly. * Making repeated unwanted sexual comments. * Saying things like "I want to share my life with you" in an obsessive or unwanted context. * Repeatedly following or "happening" to be at the same locations as the victim without a legitimate reason.

Question 32

Robbery Example (Presence): If a victim is held at gunpoint in one room of their house while the robber takes property from another room, is the "presence" element met?

Answer 32

Yes. Property is considered in the victim's "presence" if it is sufficiently close and under their control, such that the threat or violence prevents them from retaining it. Being held under duress (like at gunpoint) extends their constructive control/presence to other nearby areas like different rooms or floors.

Question 33

Robbery Example (Timing): If someone shoots a person dead and then decides to take their wallet, is this likely Robbery?

Answer 33

Probably not Robbery (though likely Murder and Larceny). Robbery requires the violence or intimidation to occur *before or at the same time *as the taking, and *for the purpose *of accomplishing the taking. If the intent to steal only forms *after* the violence is complete, it doesn't meet the Robbery definition. (Could still be an issue at PC depending on facts).

Question 34

Robbery Examples (Intimidation/Fear): Give examples from the notes of actions, short of direct violence, that satisfy the "intimidation or placing in fear" element.

Answer 34

Examples include: * Simply opening a jacket to reveal a gun (implying a threat). * Pulling out a knife. * Falsely claiming to be police officers to coerce compliance. (The key is conduct that would put a reasonable person in fear of bodily harm if they resist the taking).

Question 35

Robbery Example (Retention): A person picks up a phone left at the gym (larceny). The owner returns, asks for it back, and the person pulls out a gun, saying "Do we have a problem?". Is this Robbery?

Answer 35

Yes. Even though the initial taking might have been stealthy (larceny), the use of force or threat (pulling the gun) to retain the property immediately afterward, as part of an unbroken sequence of events, elevates the crime to Robbery.

Question 36

Robbery Example (Ongoing Larceny): A person pumps gas and starts to drive off without paying. The attendant comes out to stop them, and the person points a gun at the attendant. Is this Robbery?

Answer 36

Yes. The larceny was ongoing (the person hadn't fully secured the property and escaped). The use of the gun to overcome the attendant's attempt to reclaim the property (or payment) occurred during the continuous transaction ("unbroken sequence") related to the taking, making it Robbery. The owner retained constructive possession until the act was complete.

Question 37

Assault Example (Ability/Overt Act): Someone yells from their car "I'll burn this bitch down!" referring to a house, but stays in the car. Is this likely Assault?

Answer 37

Likely No. While threatening, words alone are not enough for assault. There needs to be an overt act suggesting an immediate attempt or the present ability to carry out the threat. Staying in the car likely negates the immediate ability and overt act elements needed for assault in this context.

Question 38

Battery Example (Transferred Intent): An inmate throws something intending to hit another inmate, but misses and hits a correctional officer instead. Is this Battery against the officer?

Answer 38

Yes. Under the doctrine of transferred intent, if a person intends to commit battery against one person but accidentally harms another, the intent transfers, and they are guilty of battery against the actual victim (the officer).

Question 39

Battery Examples (Offensive Touching): Give examples from the notes of touching that could be considered Battery even if not physically injurious.

Answer 39

* Spitting on someone. * An unwanted hug (depending on context and offensiveness). * Any touching done in a rude, insulting, or angry manner without consent. (Harm to feelings or dignity can suffice for the "offensive" element).

Question 40

Strangulation Examples (Bodily Injury): List specific examples from the notes that satisfy the "bodily injury" element for Strangulation.

Answer 40

* Any marks or redness on the neck. * Neck hurting. * Difficulty swallowing later. * Swelling. * Momentary blackout. * Evidence of pain, like screaming.

Question 41

Strangulation Example (Suffocation): How can the suffocation aspect of Strangulation occur, according to the notes?

Answer 41

By knowingly, intentionally, and unlawfully blocking or obstructing the airway of another person without consent. The prime example given is putting a** hand over the mouth**. Evidence like the victim having trouble breathing is sufficient.

Question 42

Stalking Example (Reasonable Fear / Should Know): A man repeatedly knocks on a random young woman's door trying to "get a date," despite having no prior relationship. He argues he didn't intend harm. Could this be Stalking?

Answer 42

Yes. Stalking requires intent to place in fear OR that the person *knows or reasonably should know* their conduct would place a reasonable person in fear. Even if he claims no intent to harm, repeatedly approaching a stranger at their home is behavior that arguably* should *be known to place a reasonable person in fear of assault or other harm. The lack of legitimate purpose is also a factor.

Question 43

Stalking Example (Context/Inference): A person has a history of following someone. Later, they "happen" to show up at the same 7-11 as the victim. How might this be viewed in a stalking context?

Answer 43

While a single coincidental meeting isn't stalking, in the context of a prior history of following, this "coincidence" can be viewed with suspicion. It could be inferred as part of the ongoing pattern of conduct intended to harass or intimidate the victim, contributing to the element of placing the victim in reasonable fear. Context and past conduct are relevant.

Question 44

What legal consideration applies when school personnel (security officers, employees) in Virginia use physical contact, like grabbing a student, potentially leading to an Assault/Battery claim?

Answer 44

Virginia law provides **reasonable deference** and the **benefit of the doubt **to school security officers and employees (public/private elementary/secondary schools). They are generally permitted to use reasonable physical force (which might include grabbing) when necessary to **maintain order, quell a disturbance, or ensure safety**. The force used must be reasonable under the circumstances.