Understanding the Elements of a Criminal Offense in Virginia

If you were arrested in the Commonwealth of Virginia it was because the police had enough evidence against you to suspect that you may have committed one of the criminal offenses that is outlined in the Virginia Crimes Code. After your arrest you have the right, in most cases, to request a trial where you will either be found innocent or guilty of the crime that you have been accused of committing.

In order for you to be found guilty of committing a criminal offense in Virginia, the prosecutor must meet his or her “burden of proof”. This means that they must prove every element of the crime that you have been accused of committing. Many times, the prosecutor cannot prove every element of the offense because they lack evidence or an attorney is able to successfully defend the case. If the elements of the offense are not proven, the court must dismiss or reduce the charge.

To better illustrate this point, we will take a look at the elements of first degree murder in Virginia. In order to be convicted of this specific intent crime the prosecutor must prove three separate elements. First, that someone was killed. Second, that you willfully or deliberately caused the person’s death. Third, that the death was planned. The elements of 1st degree murder can also be met if the prosecutor can prove that a death occurred while you were committing another felony offense such as arson or burglary. However, if the prosecutor only has evidence that shows that the death occurred as the result of an accident, and not intentional planning, you could not be found guilty of 1st degree murder in Virginia.

If you have been arrested for any criminal offense in Virginia you should contact a knowledgeable criminal defense attorney who will explain the elements of the crime that you have been accused of and plan a strong defense to discount any evidence that the prosecutor may have against you.