Intent to Commit Larceny, Assault and Battery, Other Felony

A breaking and entering in Virginia charge under Va. Code §18.2-91 criminalizes breaking and entering the property of another with intent to commit larceny, assault and battery, or any other felony not listed in Va. Code §18.2-90 (murder, rape, robbery, arson).  The offense can be committed by entering at night, breaking and entering during the day or night, or entering and hiding.

This breaking and entering in Virginia charge can also be committed by entering a public place with intent to commit a larceny, assault and battery, or other felony.  A breaking and entering in Virginia under Va. Code §18.2-91 has been committed when entry is made with intent to commit the crime.

Proof of Breaking and Entering in Virginia with Intent to Commit Larceny, Assault and Battery, or Other Felony Under Va. Code §18.2-91

breaking and entering in VirginiaTo convict an offender of a breaking and entering in Virginia with the intent to commit larceny, assault and battery, or other felony under Va. Code §18.2-91, the Commonwealth must prove either entry at night, a breaking and entering, or an entering and hiding; the structure was the dwelling house of another; and the entry was made with the intent to commit a larceny, assault and battery, or other felony.

  • Breaking means using force to gain entry into a structure without permission.  The force can be slight and need not cause damage.  Breaking can be actual or constructive. Constructive breaking occurs when an offender uses fraud, threat or conspiracy to gain access to a dwelling house.
  • Entering is intruding into the interior space of a dwelling or other structure.
  • Nighttime means between sunset and sunrise.
  • Dwelling House means a structure in which a person usually lodges at night.  The structures covered by this statute include a dwelling house or adjoining outhouse, buildings permanently affixed to realty, ships, boats, railroad cars, any motor vehicles used as a place of habitation, and churches.
  • The Commonwealth must prove the home entered was of another person, not the offender.
  • Intent to Commit Larceny, Assault and Battery, or Other Felony must be proven to convict an offender of the breaking and entering in Virginia charge under Va. Code §18.2-91.  Intent to commit a crime can be proven by circumstantial evidence, and the crime does not need to be completed to prove intent to commit a crime and convict an offender of this breaking and entering charge in Virginia.
  • Possessing Burglarious Tools matching the tools used to commit the breaking and entering can be used as evidence that the person possessing those tools committed the breaking and entering.  Possession of burglarious tools with the intent to commit robbery, burglary or larceny is also a separate Class 5 felony, punished with up to 10 years in prison.  For more information on the charge of possessing burglarious tools in Virginia, click here.
Breaking and Entering the Dwelling House of Another at Night

An offender can be convicted of breaking and entering in Virginia under Va. Code §18.2-91 by breaking and entering the dwelling house of another at night with the intent to commit an assault and battery.

Breaking and Entering

Another way that an offender can be convicted of breaking and entering in Virginia under §1Using A Deadly Weapon to Commit A Burglary in Virginia is a Class 2 Felony8.2-91 is by breaking and entering a dwelling house of another during the day or entering at night with intent to commit a larceny, assault and battery or other felony.

Entering and Hiding

Entering a dwelling house or structure and hiding with the intent to commit a larceny, assault and battery or other felony is another way to be convicted of breaking and entering in Virginia under §18.2-91.  Entering a place open to the public with intent to commit larceny, assault and battery, or other felony also violates this section.

Penalty for Breaking and Entering in Virginia with Intent to Commit Larceny, Assault and Battery, or Other Felony Under §18.2-91

Breaking and entering in Virginia with intent to commit larceny, assault and battery or another felony under Va. Code §18.2-91 is punished with up to 20 years in prison and a fine up to $2500.  If the burglary was committed with a deadly weapon, it is a Class 2 felony, punished with a minimum of 20 years up to life in prison and a fine up to $100,000.  A deadly weapon is an instrument likely to cause death or great bodily harm.  For more information on what is considered a deadly weapon in Virginia, click here.

Breaking and Entering in Virginia with Intent to Commit Larceny, Assault and Battery, or Other Felony (Va. Code §18.2-91)

§ 18.2-91. Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony.

If any person commits any of the acts mentioned in § 18.2-90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, or if any person commits any of the acts mentioned in § 18.2-89 or § 18.2-90 with intent to commit assault and battery, he shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.