Virginia Criminal Law Flashcards

Under Virginia Code § 18.2-95, an individual commits grand larceny if they take money or a thing of value from the person of another with a value of at least:

Answer: $5

Virginia Code § 18.2-95 defines grand larceny as, among other things, taking from the person of another money or other thing of value of $5 or more. Taking an item not from the person valued at $1,000 or more also constitutes grand larceny.

An officer responds to a call and finds a person passed out on a public sidewalk, smelling strongly of an alcoholic beverage. The person's speech is incoherent and they are unable to stand without assistance. Which of the following offenses has been committed?

Answer: Public Intoxication

According to Virginia Code § 18.2-388, it is a Class 4 misdemeanor to be intoxicated in public. The elements are that the individual is in a public place while observably affected by alcohol or drugs.

Which of the following scenarios best constitutes the crime of statutory burglary under Virginia Code § 18.2-91?

Answer: Breaking and entering an office building during the day with the intent to commit larceny.

Virginia Code § 18.2-91 covers statutory burglary, which includes breaking and entering a place like an office or store (not just a dwelling) at any time (day or night) with the intent to commit larceny or a felony. Breaking and entering a dwelling at night with intent to commit murder falls under § 18.2-89 or § 18.2-90. Entering a bank armed is a separate offense (§ 18.2-93), and possessing burglarious tools is also a distinct crime (§ 18.2-94).

Under Virginia law, a simple assault or assault and battery is classified as what type of offense?

Answer: Class 1 Misdemeanor

Virginia Code § 18.2-57 specifies that a simple assault or assault and battery is a Class 1 misdemeanor. Penalties can be enhanced under certain circumstances, such as when the victim is selected based on their race or religion, or if the victim is a law enforcement officer, but the base offense is a Class 1 Misdemeanor.

A person possesses a Schedule II controlled substance with the intent to distribute it. According to Virginia Code § 18.2-248, what is the classification of this offense for a first-time offender?

Answer: A felony punishable by 5 to 40 years in prison

Virginia Code § 18.2-248(C) states that a first offense for manufacturing, selling, giving, distributing, or possessing with intent to distribute a Schedule I or Schedule II controlled substance is a felony punishable by imprisonment for not less than five nor more than 40 years and a fine.

An officer is dispatched to a domestic dispute. Upon arrival, the officer develops probable cause to believe one party has committed an assault and battery against a family or household member, although the act did not occur in the officer's presence. What authority does the officer have?

Answer: The officer can make a warrantless arrest based on probable cause.

Virginia law provides specific authority for warrantless arrests in cases of domestic assault. Even if the misdemeanor assault and battery did not occur in the officer's presence, an arrest can be made if the officer has probable cause to believe an assault against a family or household member has occurred.