DCJS Virginia Criminal Law 5 — Questions and Answers
Question 1: 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 2: 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 3: 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 4: 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 5: 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 6: 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 7: 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 5
Under Virginia law, which of the following is a complete defense to a charge of assault?