Breaking and Entering in Virginia

Breaking and Entering in Virginia involves entering property to commit a crime.  An offender can be convicted of Breaking and Entering in Virginia for entering at night, breaking and entering during the day or night, entering and hiding, or entering a public place with an intent to commit a crime.  Breaking and Entering in Virginia is a serious crime and can be punished with up to life in prison if the offender was armed with a deadly weapon during the commission of the offense.

Elements of Breaking and Entering in Virginia

An offender can be convicted of Breaking and Entering in Virginia for entering someone else’s property intending to commit a crime.  To convict an offender of a Breaking and Entering in Virginia, the Commonwealth must prove entry at night, a breaking and entering at any time, entering and hiding, or entering a public place.  The Commonwealth must also prove that the offender intended to commit a crime.

A breaking is using force to gain entry into a structure and entering is any intrusion into the interior space of a structure.

Breaking and Entering in Virginia: Charges

There are a number of Breaking and Entering charges in Virginia, discussed in more detail below.

Burglary

A Burglary in Virginia (Va. Code §18.2-89) is breaking and entering into the dwelling house of another at night with the intent to commit a larceny or felony.  This offense occurs when entry is made with felonious intent.  Burglary is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.  If the offender was armed with a deadly weapon, the offense can be punished with up to life in prison.

Click here for more information on a Virginia Burglary charge.

Breaking and Entering to Commit Murder, Rape, Robbery or Arson

Breaking and Entering in Virginia under Va. Code §18.2-90 criminalizes entering another person’s property to commit a Murder, Rape, Robbery, or Arson.  This form of Breaking and Entering can be committed by entering at night, breaking and entering during the day or night, entering and hiding, or entering a business or other place open to the public with criminal intent.  This offense is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.  If the offender was armed with a deadly weapon, it can be punished with a minimum of 20 years up to life in prison.

Click here for more information on Breaking and Entering in Virginia under Va. Code §18.2-90.

Breaking and Entering to Commit Felony, Larceny, or Assault and Battery

Breaking and Entering in Virginia under Va. Code §18.2-91 criminalizes entering property with the intent to commit a felony, Larceny, or Assault and Battery.  This crime can be committed by entering at night, breaking and entering during the day or night, entering and hiding, or entering a business or other public place with intent to commit one of the listed crimes.  This form of Breaking and Entering in Virginia is punished with up to 20 years in prison and a fine up to $2,500.  However, if the offender was armed with a deadly weapon, the offense can be punished with 20 years up to life in prison.

Click here for more information on Breaking and Entering in Virginia involving an intent to commit a felony, Larceny, or Assault and Battery.

Breaking and Entering to Commit Misdemeanor

Breaking and Entering in Virginia involving an intent to commit a misdemeanor (other than Assault and Battery or Trespass) is criminalized under Va. Code §18.2-92.  This form of Breaking and Entering in Virginia is committed by breaking and entering an occupied dwelling house, and can be committed during the day or at night.  This crime is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500.  If the offender was armed with a deadly weapon, the offender faces up to life in prison.

Click here for more information on Breaking and Entering in Virginia involving an intent to commit a misdemeanor.

Bank Burglary

Bank Burglary in Virginia is entering a banking house while armed with a deadly weapon to commit larceny of money, notes, bonds, or securities.  Bank Burglary in Virginia is a Class 2 felony, punished with a minimum of 20 years up to life in prison.

Click here for more information on a Virginia Bank Burglary.

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