Burglary Charge in Virginia
August 15, 2020 by Jean Humbrecht
A Burglary charge in Virginia criminalizes breaking and entering into a dwelling house at night with an intent to commit a larceny or felony. A Burglary charge in Virginia has been committed when entry is made with felonious intent, and an offender can be convicted of a Burglary charge in Virginia even if he did not complete the intended larceny or felony.
A Burglary Charge in Virginia Can be Punished with Up to Life in Prison
Elements of Burglary Charge in Virginia
To convict an offender of a Burglary charge in Virginia, the Commonwealth must prove:
- a breaking and entering
- into the dwelling house
- of another
- at night
- with the intent to commit a larceny or felony therein
Breaking: Breaking means using force to gain entry into a dwelling house. The force does not need to cause damage to establish a breaking for purposes of a Burglary charge in Virginia.
Entering: Entry is any intrusion into the interior space of a dwelling house.
Nighttime: The Commonwealth must prove the breaking and entering occurred at night to convict an offender of a Burglary charge in Virginia.
Dwelling House: A Burglary can only be committed against a dwelling house. A structure is a dwelling house if a person usually lodges there at night.
Of Another: The structure subject to a Burglary charge in Virginia must be another person’s dwelling house.
Larceny or Felony: The Commonwealth must prove that the offender intended to commit a larceny or felony to convict an offender of a Burglary charge in Virginia, but the intended felony or larceny does not need to be completed to convict an offender of Burglary.
Deadly Weapon: A Burglary charge in Virginia can be punished with a minimum of 20 years up to life in prison if the offender was armed with a deadly weapon.
Possession of Recently Stolen Goods: Possessing goods recently stolen in a Burglary can be used as proof to convict an offender of a Burglary charge in Virginia.
Possession of Burglarious Tools: Possessing burglarious tools matching the tools used in a Burglary or Breaking and Entering can be evidence of intent to commit a Burglary in Virginia and can even be a separate felony under Va. Code §18.2-94. For more information on a Possession of Burglarious Tools charge in Virginia, click here.
Penalty for Burglary Charge in Virginia
A Burglary charge in Virginia is punished with 5 -20 years in prison and a fine up to $100,000. If the offender used a deadly weapon to commit the offense, the crime becomes a Class 2 felony, punished with a minimum of 20 years up to life in prison.