Va Criminal Law

Front 1

Nondeadly force -what is the rule

Back 1

Nondeadly force can be used if defendant reasonably believed it was necessary at the time (subjective)

Front 2

When can deadly force be used?

Back 2

1) D must be without fault
2) Danger of Great Bodily Harm
*No retreat necessary, unless you were the provoker. Agressor may regain right to SD if there is total abandonment of origional attack.

Front 3

Self Defense on One's own Premise - WHat are the requirements

Back 3

No retreat, but force must be reasonable and calculated to repel the intruder. Deadly force may be used.

Front 4

Entrapment (2 elements)

Back 4

1) Criminal design origionated with law enforcement
2) No predisposition by D

Front 5

What is the presumption when there is a homicide

Back 5

Presumption is second degree murder.

Front 6

8 classes of homicide

Back 6

1) Cap Murder
2) 1st degree
3) 2nd degree
4) Murder of pregnant woman w/o premeditation
5) Voluntary manslaughter
6) Involuntary manslaughter
7) Aggravated involuntary manslaughter
8) Felony Homicide

Front 7

Capital Murder Definition

Back 7

Willful, deliberate, premeditated murder:
1) in kidnapping for ransom or defile
2) for hire
3) by an inmate in custody
4) Durring armed robbery
5) durring rape or sodomization
6) of law enforcement while interfering with their duty
7) more than one person in teh same transaction
8) of a pregnant woman, with knowlege and intent to kill the baby.

Front 8

Felony Homicide

Back 8

Accidental killing while committing some felonious act. If it is a crime listed in capital or first degree murder, it will be more severe than if it is part of another crime. Two different statutes

Front 9

Kidnapping (5)

Back 9

(1) Seizing, detaining, transporting or hiding
(2) the person of another
(3) by force or intimidation
(4) without legal justification
(5) with intent to deprive of liberty.

Front 10

Burglary

Back 10

1 entering at night with or without breaking OR
2. entering in the daytime with breaking OR
3. entering and concealing oneself
4. within the dewlling house, office, shop, church, boat, bank, car or truck (if a dwelling) or occupied outhouse
5. with intent to committ a felony.
-Class 3 Felony unless it is a deadly weapon, then class 2 felony.

Front 11

Arson

Back 11

Maliciouse burning of any building
-peanalty greater if burned at night
-

Front 12

Perjury (2)

Back 12

1.Willful, false, swearing while under lawfully admitted oath
2.regarding a material matter or thing.

Front 13

Subordination of Perjury

Back 13

Inducing another to perjur