Virginia Criminal Law Flashcards

Under Virginia law, what is the primary distinction between larceny and robbery?

Answer: Robbery involves the use of force or intimidation against a person

Robbery is larceny accomplished by violence or intimidation directly against a person, whereas larceny does not involve such force.

In Virginia, which of the following best describes 'breaking and entering' as required for burglary?

Answer: Any actual or constructive breaking of a close, including opening an unlocked door, may suffice

Virginia recognizes both actual breaking (physical force) and constructive breaking (fraud, threats) to satisfy the breaking element of burglary.

Under Virginia Code § 18.2-91, what distinguishes statutory burglary from common-law burglary?

Answer: Statutory burglary extends to daytime entry and structures beyond dwellings

Virginia's statutory burglary statutes expand on common law by covering daytime entries and a wider range of structures beyond the traditional dwelling.

A person in Virginia strikes another intending to cause serious bodily injury, but the victim only suffers minor bruising. What is the most appropriate charge?

Answer: Unlawful wounding

Unlawful wounding under § 18.2-51 applies when the defendant intended bodily injury but acted without malice, and serious injury resulted; if the wound is minor, the intent element guides the charge toward unlawful rather than malicious wounding.

Under Virginia law, which element is required to prove criminal conspiracy?

Answer: An agreement between two or more persons to commit a crime, with intent to carry it out

Virginia conspiracy requires an agreement between two or more persons with the shared intent to commit a criminal act; unlike federal law, Virginia does not require an overt act.

Which of the following is TRUE about the crime of stalking under Virginia Code § 18.2-60.3?

Answer: Stalking requires a course of conduct on more than one occasion that causes reasonable fear

Virginia stalking requires a pattern of conduct — two or more acts — directed at a specific person that would cause a reasonable person to experience fear.

Under Virginia law, what is the mens rea required for first-degree murder?

Answer: Deliberate, premeditated, and willful intent to kill

First-degree murder in Virginia requires a willful, deliberate, and premeditated killing, meaning the defendant formed the intent to kill and reflected upon that intent before acting.