Difference Between Breaking and Entering and Burglary in Manassas

Breaking and Entering and Burglary in Manassas are often confused, but they are very different crimes.  Read the post below for more information on the difference between Breaking and Entering and Burglary in Manassas.

Difference Between Breaking and Entering and Burglary in Manassas

What is the difference between Breaking and Entering and Burglary in Manassas?  Both crimes involved entering another person’s property 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.

Breaking and Entering in Manassas

There are a number of Breaking and Entering charges in Manassas, 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 with the Intent 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, or entering a business or other place open to the public.  This offense is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.

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, 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.

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 by breaking and entering an occupied dwelling house.  This offense is a Class 6 felony, punished with up to 5 years in prison.

If the offender used a deadly weapon in the commission of any of these offenses, the offense is punished with 20 years up to life in prison and a fine up to $100,000.

Burglary in Manassas

Burglary in Manassas 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.

Difference Between Breaking and Entering and Burglary in Manassas

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

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

Another difference between Breaking and Entering and Burglary in Manassas is the time of day that the offense occurred.  An offender can be convicted of Breaking and Entering in Manassas if he entered another person’s property during the day or night, but an offender can only be convicted of Burglary in Manassas if he entered the dwelling house of another at night.

Another difference between Breaking and Entering and Burglary in Manassas is the way the offender entered the property.  An offender can be convicted of Breaking and Entering if he entered at night, broke and entered during the day or night, or entered a business at any time.  An offender can only be convicted of Burglary in Manassas for breaking and entering at night.

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

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***