Va Criminal Law

Front 1

Accomplice Parties

Back 1

Principal in the 1st degree (P1) - commits crime, or does so through an innocent agent.
P2 - Present at crime's commission + commits overt act (e.g. inciting or advising in the commission of the crime) or shares P1's criminal intent. Mere presence + subsequent flight not enough
Accessory Before Fact - orders, counsels, encourages or otherwise aids to commit, but not present.
Accessory After Fact - knows offense has been committed and assists the felon in escaping punishment. Close family members are excluded from liability

Front 2

Accomplice Liability

Back 2

P2 and ABF treated as PE in felony cases, exception = death penalty.
P1 - no conviction required.
Mental State/Intent is Required for Liability

Even Incidental Probable Consequences (IPC) = liability

Front 3

Withdraw Accomplice Liability

Back 3

Must show Disapproval to all involved parties + Try to Prevent consummation.

Front 4

Conspiracy

Back 4

Conspiracy = Agreement between 2+ with Intent to Agree to commit Felony.
Includes single agreement to commit multiple crimes
Jurisdiction = where any act planned or any act in furtherance

Front 5

Conspiracy DJ

Back 5

Offense + underlying conspiracy in same action is OK but NOT conviction of offense then conspiracy.

Also if Acquitted wrt Offense, subsequent conspiracy prosecution is barred

Front 6

Solicitation

Back 6

Commanding, entreating or attempting to persuade another to commit a felony

Front 7

Defenses Negating Criminal Capacity

Back 7

Insanity:
-M'Naghten
-Irresistible Impulse
Intoximation
Infancy: <7 = no intent. 7-14 = rebuttable presumption of incapacity that is weather approaching 14.

Front 8

Self Defense/of Others

Back 8

Nondeadly force - when reasonably necessary (from D's subjective view), no duty to retreat.
Deadly force - may be used when in Imminent Fear of Great Bodily Injury or death, must be without fault (i.e. cannot provoke)
Aggressor must Totally Abandon original attack to use self-defense.

Front 9

Defense of Dwelling

Back 9

Nondeadly - may be used to prevent entry
Deadly - may be used only when Fear Great Bodily Injury

Front 10

Defense of Other Propery

Back 10

Nondeadly force if reasonably necessary to retain property. No deadly force allowed.

Front 11

Entrapment

Back 11

Criminal design originated with police + D was not predisposed to commit the crime before contact with police

Front 12

Duress

Back 12

D believed committing crime was necessary to avoid serious bodily injury or imminent death to himself or another.

Front 13

Assault & Battery

Back 13

Assault - Placing another in apprehension of immediate offensive touching or attempted battery.
Battery - Unlawful application of Force or offensive touching.
Simple assault or battery is a misdemeanor

Front 14

Malicious Wounding

Back 14

Malicious shooting, stabbing, etc., with intent to maim, disfigure or kill, includes caustic substances, fire, explosive, etc.
Mayhem - malicious wounding with caustic, fire or explosives.

But also includes Injury of child by parent to cause permanent injury.

Aggravated Malicious Wounding - severely injured and suffers permanent and significant physical impairment. Class 2 Felony.
- Includes attempt to cause involuntary termination of a pregnancy.

Front 15

Stalking

Back 15

Placing another in reasonable fear of death or bodily injury on a plurality of occasions + intent to cause emotional distress or violating stalking protective order. = Class 1 Misdemeanor. 3rd Conviction <5 years = class 6 Felony.

Front 16

Homicide

Back 16

Killing with malice (desired to inflict injury or harm)
All murder is presumed to be 2nd degree. Prosecution has burden to elevate to 1st degree, Defense to manslaughter.
Capital Murder willful, deliberate, premeditated murder including enumerated felonies: e.g. officer, >1 person at a time, during rape or sodomy or attempted, for hire, >1 person in 3 year period.
1st Degree: Premeditated that isn't capital murder, or by poison, lying in wait, imprisonment or starving

Front 17

Felony Homicide

Back 17

Accidental and committed in course of nonenumerated felony.
Must be causal connection between felony and accidental killing, otherwise no felony murder (FM) conviction

Front 18

Transferred Intent

Back 18

If attempt to kill person 1, but instead kill person 2, intent is transferred to that second person.

Front 19

Murder and Manslaughter of Act Committed in Past

Back 19

None. Year and a day rule repealed (> 1 year + 1 day from act, cannot bring forth action)

Time elapse from act and death is irrelevant, can still prosecute for murder or manslaughter

Front 20

Manslaughter

Back 20

Voluntary - unlawful killing without malice
Involuntary - accidental killing while committing:
1. unlawful but not felonious act
2. act amounting to criminal negligence
State of mind determined objectively, whether knew/should have known risk the conduct created.

Front 21

Kidnapping

Back 21

1. Force, intimidation or deception +
2. no legal justification or excuse +
3. seizes, physically detains, transports another +
4. intent to deprive of liberty
Asportation is not required if all other elements are present

Front 22

Custody Order Violation

Back 22

1. Knowing, wrongfully and intentionally withhold child from parents/guardian in violation of court order:
Class 6 felony if transported outside VA
Misdemeanor if transported within VA

Front 23

Neglect of Child

Back 23

If 18+ causes child to be delinquent, in need of services, abused, neglected - misdemeanor.
Willfully and knowingly neglects/refused case so as to permit life/health of child to be seriously injured - Class 4 Felony.
If no injury but wanton, gross, and reckless disregard for human life - Class 6 Felony

Front 24

Rape

Back 24

Testimony by victim or doctor. No evidence of resistance is required. No corroboration of victim's testimony is required.
1. By will, force or intimidation or
2. use of mental incapacity or physical helplessness or
3. <13

Deposition may be in lieu of oral testimony
No evidence of complainant's prior sexual conduct is admitted unless agrees or relevant and offered to prove alternate explanation of physical evidence of the offense charged, consent or rebuttal. Evidentiary hearing must be held before admitted.

Front 25

Larceny

Back 25

Includes larceny, embezzlement and false pretenses.
Larceny - taking of personal property by trespass with intent to permanently deprive that person of the property. Includes person who knows property is stolen and assists in its transportation or disposition.

Embezzlement - fraudulent conversion of property by a person in lawful possession, with the intent to deprive the owner thereof.

Front 26

Robbery

Back 26

Taking with intent to steal from a person or in his presence, against his will by violence or intimidation - must include fear of bodily harm. Victim just needs to have greater possessory rights that the thief, no need to prove actual title.

Front 27

Burglary

Back 27

1. At night or during day by breaking or entering and concealing oneself +
2. within a building
3. intent to commit any felony (including robbery) - may be inferred from unauthorized presence. Class 3 felony.

Front 28

Arson

Back 28

Malicious burning or Destruction. Higher penalty at night

Front 29

Obstruction of Justice

Back 29

Attempt to intimidate a witness, officer of the court of law enforcement officer or knowingly + willfully make materially false statements or representations to a law enforcement officer conducting an investigation of a crime allegedly committed by another party

Front 30

Computer Crimes

Back 30

Fraud - unauthorized use of computer/network + intent to commit fraud
Trespass - unauthorized use + intent to commit trespass (e.g. disabling software, erasing/altering data, etc.)
Invasion of privacy - examining information without authority
Personal Trespass - use to cause physical injury to another