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

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

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

What is the difference between Burglary and Breaking and Entering in Manassas? Both crimes involve entering another person home or property to commit a crime. However, there are a number of differences, including the location of the crime, the intent of the offender, the time of day the offense occurred, the was the offender entered the property, and the range of penalties.

Burglary in Manassas

Burglary in Manassas (Va. Code §18.2-89) is breaking and entering the dwelling house of another at night with intent to commit a larceny or felony therein.  This offense is a Class 3 felony, which is punished with 5-20 years in prison and a fine up to $100,000.  If the offender committed the Burglary with a deadly weapon, the offense becomes a Class 2 felony, which is punished with 20 years up to life in prison.  For more information on Burglary in Manassas, click here.

Breaking and Entering in Manassas

There are a number of Breaking and Entering charges in Manassas, including Breaking and entering with Intent to Commit Murder, Rape, Robbery, or Arson (Va. Code §18.2-90), Breaking and Entering with Intent to Commit Other Felony, Larceny, or Assault and Battery (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 Murder, Rape, Robbery, or Arson (Va. Code §18.2-90) is committed by entering a dwelling house at night, breaking and entering a dwelling house during the daytime or nighttime, entering a dwelling house or business and hiding, or entering a business or other place open to the public.  This crime is a Class 3 felony, punished with a minimum of 5 years up to 20 years in prison and a fine up to $100,000.  For more information on this offense, click here.

Breaking and Entering with Intent to Commit Another Felony, Larceny, or Assault and Battery (Va. Code §18.2-91) is committed by entering a dwelling house at night, breaking and entering a dwelling house during the day or night, entering a dwelling house or business and hiding, or entering a business or public place with the intent to commit one of the listed crimes.  This offense is punished with up to 20 years in prison and a fine up to $2,500.  For more information on this form of Breaking and Entering, click here.

Breaking and Entering with Intent to Commit a Misdemeanor (other than Assault and Battery or Trespass) is committed by breaking and entering an occupied dwelling house during the day or night.  This crime is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500.  For more information on this form of Breaking and Entering, click here.

If the offender committed any of these Breaking and Entering offenses with a deadly weapon, the offense becomes a Class 2 felony, punished with a minimum of 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 Manassas?

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

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

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

Another difference between Burglary and Breaking and entering in Manassas is the breaking and entering component.  To convict an offender of Burglary, the Commonwealth must prove both a breaking and entering.  However, an offender can be convicted of Breaking and Entering in Manassas is he entered at night, broke and entered during the day or night, entered and hid, or entered a business at any time.

Another difference between Burglary and Breaking and Entering is the range of penalties.  Burglary in Manassas is a Class 3 felony.  Breaking and Entering, however, can be charged as Class 3 felony, a Class 6 felony, or an unclassified felony.

 

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