Burglary in Virginia
In Virginia, burglary encompasses statutes 18.2-89 through 18.2-94. Burglary is a felony with more severe penalties when the offender is armed with a deadly weapon. Virginia also has a very specific definition of burglary, but compensates by grouping a number of similar crimes under “statutory burglary.”
An individual who (1) breaks and enters the home of another (2) at night (3) with the intent to steal or commit a felony, is guilty of burglary. The penalty for Burglary is a Class 3 felony (five to 20 years in prison and a fine of up to $100,000). However, if the individual has a deadly weapon when breaking into the home the penalty increases to a Class 2 Felony (20 years to life in prison and a fine of up to $100,000.)
It is possible to commit Statutory Burglary in three distinct ways. Distinguishing this offense from common law burglary involves the circumstance surrounding the activity. Additionally, it is also distinguished by which crimes the offender intends to commit.
Under 18.2-91 of the Code of Virginia, Statutory burglary expands on the common law burglary principles as follows: (1) It can include business and residences. (2) It includes entering without breaking at night. (3) It includes breaking and entering in the daytime. Additionally, statutory burglary can also occur by concealing oneself in within a home with the intent to commit (1) Intent to murder, rape, violently rob, or commit arson, or; (2) Intent to steal anything or engage in any felony other than murder, rape, robbery, or arson, or (3) Intent to commit assault and battery.
An experienced criminal lawyer can help you in these situations. Please contact Dischley Law, PLLC for help with these offenses. Our experienced group of former prosecutors can help you with this offense and help mitigate the consequences for you. Additionally, At Dischley Law, PLLC we strive to mitigate the consequences of an offense or win your case if wrongfully accused.
As a result of the multiple ways to establish statutory burglary charges, the punishment ranges vary. As a result, punishment can be as low as an unclassified misdemeanor to as high as a class 2 felony.