What is the Difference Between Burglary and Breaking and Entering in Fairfax?

What is the difference between Burglary and Breaking and Entering in Fairfax?  Although they sound the same, they are in fact very different crimes.  If you are wondering, what is the difference between Burglary and Breaking and Entering in Fairfax, read the post below.

What is the Difference Between Burglary and Breaking and Entering in Fairfax?

What is the difference between Burglary and Breaking and Entering in Fairfax?  Burglary and Breaking and Entering both involve entering another person’s property without consent to commit a crime.  However, there are a number of important differences, including the location of the offense, the offender’s intent, the time of day of the crime, the way the offender entered the property, and the penalty range.

Burglary in Fairfax

Burglary in Fairfax (Va. Code §18.2-89) is breaking and entering the dwelling house of another at night with the intent to commit a larceny or felony therein.  Burglary is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.  If the offender used a deadly weapon in the commission of the Burglary, it will be charged as a Class 2 felony, which is punished with a minimum of 20 years up to life in prison.  Click here for more information on Burglary in Fairfax.

Breaking and Entering in Fairfax

There are a number of different Breaking and Entering charges in Fairfax, including Breaking and Entering with Intent to Commit Rape, Robbery, Murder or Arson (Va. Code §18.2-90), Breaking and Entering with Intent to Commit Larceny, Assault and Battery or other Felony (Va. Code §18.2-91), and Breaking and Entering with Intent to Commit a Misdemeanor (Va. Code §18.2-92).

Breaking and Entering to Commit Rape, Robbery, Murder or Arson (Va. Code §18.2-90) can be committed by entering a dwelling house at night without breaking, breaking and entering a dwelling house during the day or night, entering a dwelling house or business and hiding, or entering a business or other place open to the public, without breaking.  This offense is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.  Click here for more information on this offense.

Breaking and Entering with the Intent to Commit Larceny, Assault and Battery or another Felony (Va. Code §18.2-91) can be committed by entering a dwelling house at night, breaking and entering a dwelling house during the day or the night, entering a dwelling house or business and hiding, or entering a business or public place with intent to commit a larceny, assault and battery, or other felony.  This offense is punished with up to 20 years in prison and a fine up to $2,500.  Click here for more information on this form of Breaking and Entering.

Breaking and Entering with the Intent to Commit any Misdemeanor other than Assault and Battery or Trespass can be committed in the daytime or the nighttime, and is committed when an offender breaks and enters an occupied dwelling house.  This offense is a Class 6 felony, punished with up to 5 years in prison.  Click here for more information on this form of Breaking and Entering.

If the offender committed any of these offenses with a deadly weapon, the crime becomes a Class 2 felony, punished with 20 years up to life in prison and a fine up to $100,000.

What is the Difference Between Burglary and Breaking and Entering in Fairfax?

So, what is the difference between Burglary and Breaking and Entering in Fairfax?  One difference is the location of the crime.  An offender can only be convicted of Burglary if he broke and entered a dwelling house.  However, an offender can be convicted of Breaking and Entering in Fairfax if he entered a dwelling house or business or other place open to the public with the intent to commit a crime.

Another difference between Burglary and Breaking and Entering is the offender’s intent.  To convict an offender of Burglary in Fairfax, the Commonwealth must prove that the offender committed the crime with the intent to commit a larceny or felony inside the dwelling home.  Breaking and Entering, however, requires different intent, such as intending to commit rape, robbery, murder or arson, intent to commit an assault and battery, larceny, or other felony, or intent to commit a misdemeanor other than assault and battery or trespass.

Another difference between Burglary and Breaking and Entering in Fairfax is the time of day that the offense occurred.  An offender can only be convicted of Burglary if he entered the dwelling house of another at night, whereas Breaking and Entering can occur during the day or at night.

Another difference between Burglary and Breaking and Entering in Fairfax is the breaking and entering component.  To convict an offender of Burglary in Fairfax, the Commonwealth must prove a breaking and entering.  However, an offender can be convicted of Breaking and Entering if he entered at night, broke and entered during the day or night, entered and hid, or entered a business at any time without requiring proof of breaking or hiding.

Another difference between Burglary and Breaking and Entering in Fairfax is the penalty range.  Burglary is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.  However, Breaking and Entering in Fairfax can be a Class 3 felony, a Class 6 felony, or an unclassified felony.

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