DCJS Virginia Criminal Law — Questions and Answers

Question 1: Under Virginia law, what is the primary distinction between larceny and robbery?

Robbery involves taking property worth more than $1,000
Robbery involves the use of force or intimidation against a person (Correct answer)
Larceny requires a weapon to be present
Robbery only occurs in a commercial setting

Correct 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.

Question 2: In Virginia, which of the following best describes 'breaking and entering' as required for burglary?

Only physical destruction of a door or window qualifies
Any actual or constructive breaking of a close, including opening an unlocked door, may suffice (Correct answer)
The offender must use a tool to gain entry
Entry must occur through a window exclusively

Correct 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.

Question 3: Under Virginia Code § 18.2-91, what distinguishes statutory burglary from common-law burglary?

Statutory burglary requires nighttime entry only
Statutory burglary extends to daytime entry and structures beyond dwellings (Correct answer)
Statutory burglary requires the use of a deadly weapon
Statutory burglary only applies to commercial buildings

Correct 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.

Question 4: 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?

Assault and battery
Malicious wounding
Unlawful wounding (Correct answer)
Aggravated assault

Correct 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.

Question 5: Under Virginia law, which element is required to prove criminal conspiracy?

The conspiracy must involve a felony offense only
An agreement between two or more persons to commit a crime, with intent to carry it out (Correct answer)
At least one overt act in furtherance of the crime
All conspirators must be present at the scene of the intended crime

Correct 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.

Question 6: Which of the following is TRUE about the crime of stalking under Virginia Code § 18.2-60.3?

A single threatening act constitutes stalking
Stalking requires a course of conduct on more than one occasion that causes reasonable fear (Correct answer)
The victim must have a restraining order for stalking to be charged
Stalking can only be charged if the offender and victim were in a romantic relationship

Correct 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.

Question 7: Under Virginia law, what is the mens rea required for first-degree murder?

Negligence
Recklessness
Deliberate, premeditated, and willful intent to kill (Correct answer)
General intent to cause serious harm

Correct 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.

Question 8: Under Virginia law, what threshold distinguishes grand larceny from petit larceny when property is not taken directly from the person?

$200 or more
$500 or more
$1,000 or more (Correct answer)
$2,500 or more

Correct 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.

Question 9: A person in Virginia receives stolen property knowing it was stolen. Under which statute can they be charged, and what is the maximum classification?

§ 18.2-108; up to a Class 5 felony if value exceeds grand larceny threshold (Correct answer)
§ 18.2-95; Class 4 felony regardless of value
§ 18.2-111; Class 6 felony
§ 18.2-57; Class 1 misdemeanor

Correct 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.

Question 10: Under Virginia Code § 18.2-36, what is the crime of 'involuntary manslaughter'?

An intentional killing committed in the heat of passion
An accidental killing resulting from criminally negligent or unlawful conduct (Correct answer)
A killing committed during the commission of a felony
A premeditated killing with no justification

Correct 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.

Question 11: Which of the following scenarios most likely satisfies the 'malice' element required for malicious wounding under § 18.2-51?

A driver accidentally strikes a pedestrian while distracted
An officer fires in self-defense after a threat is displayed
A person deliberately shoots another in a dispute over a parking space (Correct answer)
A person shoves another during a heated argument with no weapon involved

Correct 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.

Question 12: Under Virginia law, what is required to charge a juvenile as an adult for a felony offense?

The juvenile must be at least 14 and the court must certify the case for adult prosecution (Correct answer)
Juveniles can never be tried as adults in Virginia
Any felony automatically transfers the case to circuit court regardless of age
The prosecutor must obtain a grand jury indictment

Correct 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.

Question 13: Under Virginia Code § 18.2-248, which activity related to controlled substances constitutes a separate and more serious offense than simple possession?

Possessing a controlled substance for personal use only
Manufacturing, selling, giving, distributing, or possessing with intent to distribute a Schedule I or II drug (Correct answer)
Being present where drug use is occurring
Purchasing a controlled substance for another person

Correct 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.

Question 14: In Virginia, the crime of 'computer fraud' under § 18.2-152.3 requires the offender to:

Physically steal a computer device
Use a computer or network without authorization to commit fraud, obtain property, or interrupt services (Correct answer)
Access only government computer systems
Be employed by the targeted organization

Correct 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.

Question 15: Under Virginia law, which of the following is a complete defense to a charge of assault?

Provocation by the victim's words alone
Lawful self-defense involving reasonable and proportionate force (Correct answer)
The defendant's intoxication at the time of the act
The defendant's belief that the victim deserved harm

Correct 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.

Question 16: Under Virginia Code § 18.2-266, DUI is established when a driver's blood alcohol concentration (BAC) is:

0.05% or higher
0.08% or higher (Correct answer)
0.10% or higher
0.12% or higher

Correct 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.

Question 17: Which of the following best describes 'constructive possession' as used in Virginia drug cases?

The defendant was near the drugs but unaware of their presence
The defendant had knowledge of the drugs and the ability to exercise control over them, even without physical possession (Correct answer)
The defendant physically held the drugs at the time of arrest
The drugs were found in a location only the defendant could access

Correct 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.

Question 18: Under Virginia's 'hit and run' statute (§ 46.2-894), a driver involved in an accident resulting in injury or death must:

Immediately leave the scene to seek medical help for themselves
Stop, render reasonable aid, and provide their name and vehicle information (Correct answer)
Report the accident only if another vehicle was involved
Move the vehicle off the roadway before calling 911

Correct 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.

Question 19: What element distinguishes 'forgery' from 'uttering' under Virginia law?

Forgery requires intent to defraud; uttering does not
Forgery is the making of a false document; uttering is knowingly offering or passing that false document as genuine (Correct answer)
Uttering is a misdemeanor while forgery is always a felony
Both crimes require the document to be a government-issued instrument

Correct 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.

Question 20: Under Virginia Code § 18.2-57.2, what is required for a domestic assault and battery conviction?

The victim must sustain visible physical injuries
The act must be witnessed by law enforcement
The defendant must have committed assault and battery against a family or household member (Correct answer)
A prior domestic violence conviction must exist

Correct 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.

Question 21: Under Virginia law, which standard is applied to determine whether a police officer used excessive force in an arrest?

Whether the officer felt personally threatened
Whether the force was objectively reasonable under the totality of circumstances known to the officer at the time (Correct answer)
Whether the suspect actually committed the alleged offense
Whether the force was approved by the officer's supervisor

Correct 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.

DCJS Virginia Criminal Law

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

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Sources & references

Exam facts on this page (fees, format, dates, passing scores) are checked against these official sources; the date is our last check. Editorial policy

dcjs.virginia.gov — Retake policy, score validity, exam information · verified Oct 2026
law.lis.virginia.gov — Eligibility, test delivery · verified Oct 2026