Virginia Criminal Law Flashcards
7 cards from real DCJS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Virginia Criminal Law flashcards as text
Under Virginia law, which of the following is a complete defense to a charge of assault?
Answer: Lawful self-defense involving reasonable and proportionate force
Virginia recognizes self-defense as a complete defense to assault when the force used was reasonable and proportionate to the threat faced.
Under Virginia Code § 18.2-266, DUI is established when a driver's blood alcohol concentration (BAC) is:
Answer: 0.08% or higher
Virginia's DUI statute sets the per se BAC limit at 0.08%, meaning a BAC at or above that level is sufficient to establish impairment without further evidence.
Which of the following best describes 'constructive possession' as used in Virginia drug cases?
Answer: The defendant had knowledge of the drugs and the ability to exercise control over them, even without physical possession
Constructive possession requires the Commonwealth to prove the defendant knew of the drugs' presence and had the power and intent to control them.
Under Virginia's 'hit and run' statute (§ 46.2-894), a driver involved in an accident resulting in injury or death must:
Answer: Stop, render reasonable aid, and provide their name and vehicle information
Virginia law requires drivers involved in accidents causing injury or death to stop immediately, provide identifying information, and render reasonable assistance.
What element distinguishes 'forgery' from 'uttering' under Virginia law?
Answer: Forgery is the making of a false document; uttering is knowingly offering or passing that false document as genuine
Forgery is the creation or alteration of a document with fraudulent intent, while uttering is the act of knowingly presenting a forged document as if it were genuine.
Under Virginia Code § 18.2-57.2, what is required for a domestic assault and battery conviction?
Answer: The defendant must have committed assault and battery against a family or household member
Domestic assault and battery requires proof that the defendant committed assault and battery against a family or household member as defined in Virginia law, regardless of visible injury.
Under Virginia law, which standard is applied to determine whether a police officer used excessive force in an arrest?
Answer: Whether the force was objectively reasonable under the totality of circumstances known to the officer at the time
Virginia courts apply the federal Graham v. Connor objective reasonableness standard, evaluating force from the perspective of a reasonable officer on the scene without hindsight.