Burglary vs. Breaking and Entering in Fairfax

Burglary and Breaking and Entering in Fairfax are often confused, but they in fact are very different crimes.  Read the post below for more information on Burglary vs Breaking and Entering in Fairfax.

Differences Between Burglary and Breaking and Entering in Fairfax Include the Location and Time of the Offense

Burglary vs Breaking and Entering in Fairfax: Location of Offense

One difference between Burglary and Breaking and Entering in Fairfax is the location of the offense.  An offender can only be convicted of a Burglary in Fairfax for entering a dwelling house.  However, an offender can be convicted of Breaking and Entering in Fairfax for entering a dwelling house, business, or other place open to the public with the required criminal intent.

Burglary vs Breaking and Entering in Fairfax: Time of Day

Another element that distinguishes Burglary from Breaking and Entering in Fairfax is the time of day the crime occurred.  Burglary can only occur at night, but Breaking and Entering can occur anytime.

Burglary vs Breaking and Entering in Fairfax: Intent

Another difference between Burglary and Breaking and Entering in Fairfax is the intent of the offender.  To convict an offender of a Burglary in Fairfax, the Commonwealth must prove the offender intended to commit a larceny or felony in the dwelling house.  An offender can be convicted of Breaking and Entering in Fairfax if he intended to commit murder, rape, robbery, arson, another felony, larceny, assault and battery, or a misdemeanor (other than assault and battery or trespass).

Burglary vs Breaking and Entering in Fairfax: Entry

An offender can only be convicted of Burglary in Fairfax for breaking and entering.   An offender can be convicted of Breaking and Entering in Fairfax for entering property at night, breaking and entering during the day or night, or entering a business or other place open to the public with criminal intent.

Burglary vs Breaking and Entering in Fairfax: Penalty

Burglary in Fairfax is a Class 3 felony, but Breaking and Entering can be a Class 3 felony, a Class 6 felony, or an unclassified felony.

Burglary and Breaking and Entering in Fairfax can both become a Class 2 felony if the offender used a deadly weapon in the commission of the offense and is punished with up to life in prison.

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