Intent to Commit Misdemeanor

A Virginia breaking and entering with intent to commit a misdemeanor is a Class 6 felony under Va. Code §18.2-92.  To be convicted of a Virginia breaking and entering charge under §18.2-92, the Commonwealth must prove both a breaking and entering of an occupied dwelling house with the intent to commit a misdemeanor other than assault and battery or trespass.  For more information on assault and battery in Virginia, click here.  For more information on trespass in Virginia, click here.

  • Virginia breaking and enteringBreaking: A breaking occurs when an offender uses physical force to gain entry into a structure without permission.  A breaking can be slight and may not even cause damage.  Breaking can be actual or constructive.  Actual breaking means using actual physical force to gain entry.  Constructive breaking is using fraud, threats or conspiracy to gain entry.
  • Entering: Any intrusion into the interior of a structure is considered entering.  Breaking and entering in Virginia under Va. Code §18.2-92 is complete when entry is made with intent to commit a misdemeanor.
  • Occupied: The dwelling must have been occupied at the time of the entry to convict an offender of breaking and entering under Va. Code §18.2-92.
  • Dwelling House: A structure is a dwelling house if a person usually lodges there at night.
  • Of Another: The dwelling house must be of another person.
  • Intent to Commit Misdemeanor: To convict an offender of breaking and entering under Va. Code §18.2-92, the Commonwealth must prove that the offender intended to commit a misdemeanor other than assault and battery or trespass at the time of the entry.
Penalty for Virginia Breaking and Entering with Intent to Commit Misdemeanor Other Than Assault and Battery or Trespass

A Virginia breaking and entering of a dwelling house with intent to commit any misdemeanor besides assault and battery or trespassing is a Class 6 felony under Va. Code §18.2-92.  It is punished with up to 5 years in prison and a fine up to $2500.  The offense becomes a Class 2 felony if the offender was armed with a deadly weapon.  It is punished with 20 years up to life in prison.  A deadly weapon is an instrument likely to produce great bodily harm or death.  Click here for more information on what is considered a deadly weapon in Virginia.

Virginia Breaking and Entering Dwelling House with Intent to Commit Misdemeanor Statute (Va. Code §18.2-92)

§18.2-92. Breaking and entering dwelling house with intent to commit other misdemeanor.

If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. 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.