Legal Question in Criminal Law in Virginia

Re: criminal law

This is the well worn hypothetical that appears from time to time for animated discussion among the legal cognoscenti(or those who like to think of themselves as such).

Generally, it appears, that an acquittal of a defendant on an attempted murder charge will not necessarily preclude his or her prosecution for murder if the victim subsequently dies at some later time from causes which can be clearly linked to the attempt.

The federal case, Blockburger v. United States, 284 US 299, prescribes, bascially, that if the offenses(attempted murder v. murder) are statutorily distinct with

separate elements, each may be prosecuted and proved separately if each has at least one element required for proof that the other does not.(The death of the victim will usually provide that necessary distinguishing element for the murder charge.)