Manassas Burglary Charge

A Manassas Burglary charge criminalizes breaking and entering another person’s home at night with the intent to commit a larceny or felony.  The crime of Burglary in Manassas is complete when entry is made into a dwelling house with intent to commit a crime.

Proof of a Manassas Burglary Charge

A Manassas Burglary Charge is a Class 3 Felony

Burglary in Manassas is a very specific form of Breaking and Entering.  To convict an offender of a Manassas Burglary charge, the Commonwealth must prove:

• breaking
• and entering
• the dwelling house
• of another person
• at night
• with intent to commit a larceny or felony

Breaking: Breaking means using force to gain entry into a dwelling house.  Breaking can be actual or constructive.  Actual breaking is using physical force to enter a dwelling house.  Constructive breaking is using threats, fraud or conspiracy to gain entry into a dwelling house.

Entering: Entering is an intrusion into the interior space of a dwelling house.

Night: The Commonwealth must prove the breaking and entering occurred at night (between sunset and sunrise) to convict an offender of a Manassas Burglary charge.

Dwelling House:  An offender can only be convicted of a Manassas Burglary charge for breaking and entering a dwelling house (a place where a person usually lodges at night).

Of Another: To convict an offender of a Burglary charge in Manassas, the Commonwealth must prove that some person other than the offender occupied the dwelling house.

Intent to Commit Larceny or Felony:  The Commonwealth must prove that the offender had an intent to commit a larceny or felony at the time of the breaking and entering to convict an offender of a Manassas Burglary charge.  The intended larceny or felony does not need to be completed to convict an offender of a Manassas Burglary charge.  Additionally, the offender can be convicted of both a Manassas Burglary charge and the Larceny or felony committed in the course of the Burglary.

Penalty for Manassas Burglary Charge

A Manassas Burglary charge (Va. Code §18.2-89) is a Class 3 felony.  It is punished with a minimum of 5 years up to 20 years in prison and a fine up to $100,000.  If the offender was armed with a deadly weapon at the time of the breaking and entering, the offense becomes a Class 2 felony, which is punished with a minimum of 20 years up to life in prison.