Completed substantive offense bars conviction for conspiracy (§ 18.2-23.1)—Virginia Decoded

Completed substantive offense bars conviction for conspiracy

Notwithstanding any other provision of this article or of § 18.2-256, in any case where a defendant has been tried and convicted of an act he has also conspired to commit, such defendant shall be subject to conviction only for the completed substantive offense and not thereafter be convicted for the underlying conspiracy.

History

1985, c. 376.

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Court Decisions

Boyd v. Com. (SCV, 11/18/88)
. . . common law with the 1985 enactment of Code § 18.2-23.1, dealing with a prohibition against . . .

Ramsey v. Com. (COA, 05/06/86)
. . . 1, 1985, the General Assembly enacted Code § 18.2-23.1 which provides: "Completed substantive . . .

Stevens v. Com. (COA, 03/31/92)
. . . contention that Code § 18.2-23.1 bars his conviction is also without merit. Code § 18.2-23.1 bars . . .

Shilling v. Com. (COA, 08/04/87)
. . . successfully asserting Code § 18.2-23.1 as a bar because Code § 18.2-23.1 is a new law repealing . . .

Bowman v. Com. (COA, 11/06/90)
. . . indictment on the ground that, pursuant to Code § 18.2-23.1, he could not be prosecuted for the . . .

Clauson v. Com. (COA, 03/09/99)
. . . dismiss the conspiracy charge, arguing that Code § 18.2-23.1[2] bars conviction when the accused . . .

Schwartz v. Com. (COA, 04/19/05)
. . . (1988) (holding that, notwithstanding Code § 18.2-23.1's application to successive trials, . . .

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