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.

Under Virginia law, what threshold distinguishes grand larceny from petit larceny when property is not taken directly from the person?

Answer: $1,000 or more

As of 2020, Virginia Code § 18.2-95 sets the grand larceny threshold at $1,000 or more when property is not taken from the person.

A person in Virginia receives stolen property knowing it was stolen. Under which statute can they be charged, and what is the maximum classification?

Answer: § 18.2-108; up to a Class 5 felony if value exceeds grand larceny threshold

Receiving stolen goods under § 18.2-108 carries the same penalties as the underlying larceny, meaning it can rise to a Class 5 felony when the value meets or exceeds the grand larceny threshold.

Under Virginia Code § 18.2-36, what is the crime of 'involuntary manslaughter'?

Answer: An accidental killing resulting from criminally negligent or unlawful conduct

Involuntary manslaughter covers accidental deaths caused by the defendant's criminally negligent behavior or an unlawful act that does not amount to a felony.

Which of the following scenarios most likely satisfies the 'malice' element required for malicious wounding under § 18.2-51?

Answer: A person deliberately shoots another in a dispute over a parking space

Malice requires a deliberate, willful act done without legal justification; intentionally shooting someone in a non-self-defense context over a trivial dispute demonstrates that malicious intent.

Under Virginia law, what is required to charge a juvenile as an adult for a felony offense?

Answer: The juvenile must be at least 14 and the court must certify the case for adult prosecution

Virginia allows juveniles aged 14 or older to be tried as adults for felonies through a certification hearing in juvenile court where the judge evaluates statutory criteria.

Under Virginia Code § 18.2-248, which activity related to controlled substances constitutes a separate and more serious offense than simple possession?

Answer: Manufacturing, selling, giving, distributing, or possessing with intent to distribute a Schedule I or II drug

Distribution and possession with intent to distribute are distinct and more seriously punished than simple possession under § 18.2-248.

In Virginia, the crime of 'computer fraud' under § 18.2-152.3 requires the offender to:

Answer: Use a computer or network without authorization to commit fraud, obtain property, or interrupt services

Virginia's computer fraud statute targets unauthorized computer access used to defraud, obtain money or property, or disrupt services.

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.