Criminal Law and Wounding Intent Essay

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Title 18
Article 3: Classification of criminal offenses and punishment
18.2-8 felonies, misdemeanors, and traffic infractions defined
18.2-9 classification of criminal offenses.
1) Felonies classified 6 classes:
a) Class 1 felony
b) Class 2
c) Class 3
d) Class 4
e) Class 5
f) Class 6
2) Misdemeanors classified into 4 classes:
a) Class 1 misdemeanor
b) Class 2
c) Class 3
d) Class 4
18.2-10 punishment for conviction of felony
a) Class 1 felony: death if person 18+
b) Class 2: 20-life, fine no more than $100,000
c) Class 3: 5-20, $100,000
d) Class 4: 2-10
e) Class 5: 1-10, $2,500 fine
f) Class 6: 1-5, $2,500 fine
Enhance punishment if risk to children
18.2-11 conviction of misdemeanor
a) Class 1 misdemeanor 1-12 months, $2,500 fine
b) Class 2 misdemeanor 1-6 months, $1,000 fine
c) Class 3 misdemeanor no more than $500 fine
d) Class 4 $250 fine
Proximity to children
Principal first degree In first degree those who are actors, actual perpetrators of crime, those who immediate perp. of act
2nd degree
1) Accused presence at crime’s commission
2) Committing encouragement assists
3) Sharing in perpetrators criminal intent
Evidence
Aiding and abetting may be shown by circumstantial evidence.
18.2-8 maximum punishment for attempts. Provision in article notwithstanding, no event shall punish for attempt to commit offense exceed maximum punishment had offense been committed.
18.2-29 criminal solicitation Class 6 felony
18.2-31 capital murder defined Following offenses shall constitute capital murder, punishable as class 1 felony. Willful, deliberate and premeditate killing, in commission of abduction. Willful, deliberate and premeditated killing of another person for hire
18.2-32 1st and 2nd degree murder Imprisonment, starving, poison, rape. Murder in the 1st, Class 2 felony up to 20+
Malice is element of murder but not manslaughter
Without malice there cannot be murder
Malice, in legal sense means any wrongful act done willfully, deliberate, or purposely.
Test of murder is malice; malice aforethought is grand criterion which distinguishes murder from other killings.
Proof of corpus delicti Must consist of proof of victim’s death and resulted from criminal act or agency of another. May be proven by circumstantial evidence. Epperly v. Commonwealth, 224 Va. 214,294 S.e. 2d (1997)
Felony-murder
Degree of murder depends upon the intent There must be a premeditated design to kill Self-defense is an affirmative defense
Self defense Accused must retreat as far as he safely can before killing Must be on overt act by deceased to warrant a killing
Drunkness and insanity Effect of intoxication on ability to commit first degree murder Mere intoxication from drugs/alcohol will not suffice to negate (won’t do it) premeditation When partial insanity is no defense Doctrine of irresistible impulse
Other defenses Homicide committed to prevent a felony is justifiable Vague threats of future harm, however alarming, will not suffice to excuse criminal conduct. One may kill to protect his family Killing to resist entry of dwelling Mere trespass upon land is insufficient provocation
18.2-33 felony homicide defined. Murder of 2nd degree

18.2-35 how voluntary manslaughter punished Voluntary manslaughter is punishable as a class 5 felony
18.2-36 how involuntary manslaughter punished Involuntary manslaughter is punishable as a class 5 felony Malice is element of murder but not manslaughter
Reckless conduct must amount to unlawful conduct Ordinary negligence is insufficient to convict of involuntary manslaughter
18.2-47 abduction and kidnapping defined Seizes, transports, takes Term “abduction” and “kidnapping” is class 5 felony
18.2-48 abduction with intent to extort money of immoral purpose Extort money Intent to defile, of
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