Fairfax Burglary Charge
August 30, 2019 by Jean Humbrecht
A Fairfax Burglary charge criminalizes breaking and entering into the dwelling house of another person at night with the intent to commit a larceny or felony. A Burglary in Fairfax has been committed when entry is made with felonious intent.
Proof to Convict an Offender of a Fairfax Burglary Charge
A Fairfax Burglary Charge Criminalizes Breaking and Entering at Night to Commit a Crime
To convict an offender of a Fairfax Burglary charge, the Commonwealth must prove every element of the offense:
- breaking and
- entering
- the dwelling house
- of another
- at night
- with the intent to commit a larceny or felony
Breaking means using force against a structure to gain entry. Pushing a door open or even using a key to unlock a door without permission can be considered a breaking for purposes of a Fairfax Burglary Charge. Breaking can be actual or constructive. Actual breaking is using force to enter the dwelling house. Constructive breaking occurs when the offender causes a dwelling house to be opened by using threats, fraud or conspiracy.
Entering is making any intrusion into the interior space of a dwelling house. Entry with permission can even support a Fairfax Burglary charge if the offender entered to commit a larceny or felony.
The Commonwealth must prove the breaking and entering occurred at night (between sunset and sunrise) to convict an offender of a Fairfax Burglary charge.
A Fairfax Burglary can only be committed against a dwelling house (a structure where a person usually lodges at night). The Commonwealth must also prove that some person other than the offender occupied the dwelling house.
The Commonwealth must prove that the offender intended to commit a a larceny or felony to convict an offender of a Fairfax Burglary charge. The intended felony or larceny does not need to be completed to convict an offender of Burglary.
Possessing good recently stolen in the course of a Burglary can be used as evidence that the person possessing those recently stolen goods committed the Burglary.
Possession of burglarious tools matching the tools used to commit the breaking and entering can be evidence of intent to commit Burglary and can even be a separate felony under Va. Code §18.2-94. Click here for more information on Possession of Burglarious Tools.
Penalty for Fairfax Burglary Charge
A Fairfax Burglary charge (Va. Code §18.2-89) is a Class 3 felony. It is punished with 5 -20 years in prison and a fine up to $100,000. If the offender was armed with a deadly weapon, the offense becomes a Class 2 felony, which is punished with up to life in prison.