Term
| Class 1 Felony, Punishment |
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Definition
Death or life in prison.
If under 18, life in prison.
If mentally handicapped, life in prison.
Up to $100,000 fine. |
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Term
| Class 2 Felony, Punishment |
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Definition
20 years to life
Up to $100,000 fine. |
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Term
| Class 3 Felony, Punishment |
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Definition
5-20 years
Up to $100,000 fine. |
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Term
| Class 4 Felony, Punishment |
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Definition
2-10 years
Up to $100,000 fine. |
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Term
| Class 5 Felony, Punishment |
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Definition
1-10 years, or up to 12 months in jail
Up to $2,500 fine |
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Term
| Class 6 Felony, Punishment |
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Definition
1-5 years, or up to 12 months in jail
Up to $2,500 fine |
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Term
| Class 1 Misdemeanor, Punishment |
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Definition
Up to 12 months in jail.
Up to $2,500 fine |
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Term
| Class 2 Misdemeanor, Punishment |
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Definition
Up to 6 months in jail
Up to $1,000 fine |
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Term
| Class 3 Misdemeanor, Punishment |
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Definition
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Term
| Class 4 Misdemeanor, Punishment |
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Definition
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Term
| Principal in the First Degree |
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Definition
Person who commits the illegal act.
Liable for principal crime |
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Term
| Principal in the Second Degree |
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Definition
Person present at crime AND commits overt act or shares intent.
Liable for principal crime but no death penalty (unless hired killing/terrorism) |
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Term
| Accessory Before the Fact |
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Definition
Person orders, encourages, or aids principal, but isn't present at crime.
Liable for principal crime but no death penalty (unless hired killing/terrorism) |
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Term
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Definition
Person (except close family) who knows of the crime and helps felon escape punishment.
Liable ONLY for crime of accessory after the fact. |
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Term
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Definition
Show other criminals, by words or actions, that you oppose crime.
Try to prevent crime/undo aid. |
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Term
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Definition
1. Conspiracy
2. Attempt
3. Solicitation |
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Term
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Definition
1. Agreement between 2+ persons
2. Intent to agree
3. Unlawful objective |
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Term
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Definition
| Attempting to persuade another to commit a felony |
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Term
Criminal Defense -- Insanity
What Tests?
Defense to What? |
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Definition
M'Naughten AND Irresistible Impulse
Defense to all crimes |
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Term
Criminal Defense -- Voluntary Intoxication
Defense to What? |
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Definition
Not a defense to criminal charge.
Can defend against premeditation in murder charge. |
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Term
Criminal Defense -- Involuntary Intoxication
Defense to What? |
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Definition
Defense to all crimes
Applies if drug taken under duress or pursuant to medical advice. |
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Term
Criminal Defense -- Infancy
What ages? Defense to What? |
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Definition
0-7 years: Defense to all crimes
7-14: Rebuttable presumption, defense to crimes requiring intent.
14+: Not a defense |
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Term
| Self Defense/Defense of Others |
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Definition
Nondeadly force -- used if reasonably necessary
Deadly force -- (1) by person without fault (2) when in imminent fear of death/great injury. |
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Term
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Definition
Nondeadly force -- to prevent entry
Deadly force when fearing great bodily injury |
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Term
| Defense of Other Property |
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Definition
Nondeadly force -- when reasonably necessary to retain property
NEVER deadly force |
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Term
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Definition
1. Criminal design originated with police
2. D was not predisposed to commit crime |
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Term
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Definition
| Reasonable belief that committing crime is only way to avoid death/serious injury of self OR another |
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Term
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Definition
t is legal to do what person did -- defense to everything.
Factual impossibility -- no defense. |
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Term
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Definition
Creating apprehension of
1. immediate offensive touching OR
2. attempted battery |
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Term
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Definition
1. unlawful application of force
2. resulting in bodily injury/offensive touching |
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Term
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Definition
1. Violent action
2. With intent to maim, disfigure, or kill
"Aggravated" Malicious Wounding if successful in causing permanent and significant disfigurement OR against pregnant woman w/ intent to terminate pregnancy |
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Term
| Does a defendant need to know the entire scope or details of criminal plan for conspiracy? |
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Definition
| No, only essential nature of scheme |
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Term
| Can an accused be convicted of conspiracy where the only other party to the agreement is a police officer or police confidential informant? |
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Definition
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Term
| Is a subsequent prosecution for conspiracy barred where a defendant is acquitted of underlying felony? |
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Definition
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Term
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Definition
| a direct act done with the intent to commit a crime, but which falls short of completing the crime. Factual impossibility is no defense. |
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Term
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Definition
M'Naughten Rule - Requiring defendant to show either that he was unable to distinguish RIGHT FROM WRONG or that he did not UNDERSTAND THE NATURE, CHARACTER, and CONSEQUENCES of his actions.
Also, applies IRRESISTIBLE IMPULSE TEST, even if fails above M'naghten test, if due to mental illness unable to control actions or to conform his conduct to law, entitled to acquittal. |
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Term
| How much notice required if defendant plans to raise insanity defense? |
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Definition
| 60 days before trial (also notice regarding use of expert witness to support claim). |
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Term
| When does the Commissioner of Behavior Health and Development Services continue to hold successful insanity defendant? |
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Definition
| If he is currently a danger to public, peace and safety or to himself (he can petition once a year and six months after initial confinement). |
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Term
| Burden of proof in insanity defense |
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Definition
| Defense has burden of proving "to the satisfaction of he jury" that defendant was insane. |
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Term
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Definition
| Placing another in apprehension of (1) immediate offensive touching, or (2) an attempted battery |
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Term
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Definition
| Unlawful application of force resulting in bodily injury or offensive touching |
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Term
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Definition
Malicious shooting, stabbing, cutting, or wounding with INTENT TO MAIM, DISFIGURE, DISABLE, OR KILL.
Examples include - causing bodily by caustic substance, explosive or fire, attempts to poison, adulteration of food, drink, drugs, cosmetics) |
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Term
| Aggravated Malicious Wounding |
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Definition
Malicious Wounding + severe injury causing permanent and significant physical impairment.
Also includes the intent to cause involuntary termination of woman's pregnancy (or stating such intent to her) and causing such termination or any other permanent and significant physical impairment. |
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Term
| Wounding While committing Felony |
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Definition
| Shooting, stabbing or displaying a firearm in a threatening manner while committing or attempting to commit a felony is a separate statutory offense |
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Term
| Assault as Hate Crime (punishment?) |
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Definition
| Simple assault against another whom defendant intentionally selects on basis of RACE, RELIGIOUS CONVICTION, COLOR, OR NATIONAL ORIGIN, defendant will be subject to mandatory, minimum period of confinement of at least six months, 30 days of which may not be suspended. |
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Term
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Definition
| Once a group has assembled for the purpose and with the intent to commit assault and battery, and an assault and battery or act of violence is committed, every person composing such mob becomes criminally culpable even though the member may not have actively encouraged, aided or countenanced the act against the victim. |
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Term
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Definition
| More than one occasion + intends to cause emotional distress by placing person in reasonable fear of death or bodily injury. |
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Term
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Definition
| Willful, deliberate, premeditated murder: (1) in an abduction with the intent to extort pecuniary benefit (2) for hire, (3) during armed robbery or attempted armed robbery, (4) during or subsequent to rape, forcible sodomy (attempt), or object of sexual penetration, (4) of public official for purpose of interfering with performance of duties, (5) of witness under subpoena to prevent from testifying, (6) more than one person as part of same transaction, (7) more than one person in 3 years, (8) during drug running, (9) order received as part of criminal enterprise, (10) of pregnant woman known to be pregnant with intent to cause involuntary termination, (11) of someone under 14 by someone over 21, (12) during terrorism |
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Term
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Definition
| Murder, other than capital murder, by: (1) poison, (2) lying in wait, (3) imprisonment, (4) starvation, (5) any willful, deliberate and premeditated killing that does not fall within capital murder. |
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Term
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Definition
| Murder committed, whether intentional or accidental, during the commission of or during an attempt to commit: (1) arson, (2) rape, (3) forcible sodomy, (4) inanimate or animate object sexual penetration, (5) robbery, (6) burglary, (7) Abduction (Kidnapping). Felony murder is treated as first degree murder. |
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Term
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Definition
| Consists of all murder that is neither capital nor first degree |
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Term
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Definition
Accidental killing, contrary to the intention of the parties, while committing some felonious act not specified in the first degree murder and capital murder statutes.
Virginia has two different statutes regarding killing committed during the commission of a felonious act. |
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Term
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Definition
Unlawful killing without malice.
In VA, killing committed during mutual combat, in the heat of which defendant struck the blow that killed decedent, is voluntary manslaughter. |
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Term
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Definition
| Accidental killing, contrary to the intention of the parties, (1) during the performance of some unlawful, but not felonious act or (2) during a lawful act but amounting to criminal negligence. |
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Term
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Definition
| By force, intimidation, or deception; without legal justification or excuse; takes or holds another person; with intent to deprive such person of personal liberty. (Asportation of victim from one place to another is not required) |
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Term
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Definition
Sexual intercourse with victim or cause victim to engage in sexual intercourse with any other person: (1) against his will by force, threat or intimidation; (2) abusing someone's mental handicap or physical helplessness; or (3) under the age of 13.
Evidence of physical resistance not required. |
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Term
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Definition
Under 13 = rape.
Between 13 and 15 = Class 4 felony
Between 13 and 15, accused is minor, MORE than 3 year age gap, consent = Class 6 felony
Between 13 and 15, accused is minor, LESS than 3 year age gap, consent =
Class 4 misdemeanor |
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Term
| Taking Indecent Liberties with a Minor |
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Definition
Person >18 propositions or exposes self to child <15
Parent, step-parent, grandparent, or second conviction = enhanced punishment |
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Term
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Definition
| Taking of personal property of another by trespass with intent to permanently deprive that person of property |
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Term
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Definition
(1) Taking from a person, $5 or more.
(2) Taking from a place, $200 or more.
(3) Taking of a firearm. |
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Term
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Definition
| Fraudulent conversion of personal property of another with intent to deprive, by a person in lawful possession of that property. |
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Term
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Definition
| Taking, with intent to steal, of the personal property of another, from her person or in her presence, against her will, by violence or intimidation |
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Term
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Definition
| Entering at night or breaking during day of the building of another with intent to commit a felony. |
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Term
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Definition
| Malicious burning of a building. Need only minor damage. |
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Term
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Definition
| Willful false swearing while under a lawfully administered oath regarding a material matter or thing. |
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Term
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Definition
(1) An attempt, by force or threat, to intimidate a witness, office of the court, or law enforcement officer
(2) knowingly and willfuly making materially false statements or representations to a law enforcement officer who is conducting an investigation of a crime |
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Term
| Falsely Reporting a Crime |
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Definition
| Knowingly give false reports to police officers as to the commission of a crime, with INTENT TO MISLEAD |
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