Burglary vs. Breaking and Entering in Virginia

Burglary and Breaking and Entering charges in Virginia sound the same, but they have important differences.  For more information on Burglary vs Breaking and Entering in Virginia, read the post below.

Burglary vs Breaking and Entering in Virginia: Time

One difference between Burglary and Breaking and Entering in Virginia is the time of day that the crime occurred.  Burglary in Virginia can only occur at night, but Breaking and Entering can occur during the day or night.

Burglary vs Breaking and Entering in Virginia: Location of Crime

Another difference between Burglary and Breaking and Entering in Virginia is the location of the crime.  An offender can be convicted of Burglary in Virginia only for entering a dwelling house.  However, an offender can be convicted of Breaking and Entering in Virginia for entering a dwelling house, business, or other place open to the public.

Burglary vs Breaking and Entering in Virginia: Intent of Offender

Another element that distinguishes a Virginia Burglary from a Breaking and Entering charge is the offender’s intent.  An offender can only be convicted of Burglary if the Commonwealth proves an intent to commit a larceny or felony inside the dwelling home.  To convict an offender of Breaking and Entering in Virginia, the Commonwealth must prove an intent to commit murder, rape, robbery, arson, another felony, larceny, assault and battery, or a misdemeanor.

Burglary vs Breaking and Entering in Virginia: Entering Property

One Difference Between Burglary and Breaking and Entering in Virginia is the Possible Punishment

Another difference between a Virginia Burglary and Breaking and Entering is the way the offender entered the property.  An offender can only be convicted of Burglary in Virginia for breaking and entering at night.  However, an offender can be convicted of a Virginia Breaking and Entering charge for entering property at night, breaking and entering during the day or night, entering and hiding, or entering a business or other place open to the public.

Burglary vs Breaking and Entering in Virginia: Penalties

Another difference between Burglary and Breaking and Entering in Virginia is the possible penalty range.  A Burglary charge in Virginia is a Class 3 felony, but Breaking and Entering can be a Class 3 felony, a Class 6 felony, or an unclassified felony.

Additionally, both Burglary and Breaking and Entering in Virginia can be punished with up to life in prison if the offender used a deadly weapon in the commission of the offense.

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