Breaking and Entering vs. Burglary in Manassas
October 30, 2015 by Jean Humbrecht
Breaking and Entering and Burglary charges in Manassas sound the same, but they in fact are very different crimes. For more information on Breaking and Entering vs Burglary in Manassas, read the post below.
Breaking and Entering vs Burglary in Manassas: Time of Offense
One difference between Breaking and Entering and Burglary in Manassas is the time of day that the crime occurred. Breaking and Entering can occur anytime, but Burglary can only occur at night.
Breaking and Entering vs Burglary in Manassas: Location of Crime
Another 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 for entering a dwelling house, business, or other place open to the public. However, an offender can only be convicted of a Manassas Burglary charge for entering a dwelling house.
Breaking and Entering vs Burglary in Manassas: Intent of Offender
Another element that distinguishes a Manassas Breaking and Entering from a Burglary charge is the offender’s intent. An offender can be convicted of Breaking and Entering 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. To convict an offender of a Burglary charge in Manassas, the Commonwealth must prove the offender intended to commit a larceny or felony in the dwelling house.
Breaking and Entering vs Burglary in Manassas: Method of Entering Property
An offender can be convicted of a Manassas 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 with criminal intent. However, an offender can only be convicted of a Manassas Burglary for breaking and entering at night.
Breaking and Entering vs Burglary in Manassas: Penalties
Another difference between Breaking and Entering and Burglary in Manassas is the penalty range. Breaking and Entering in Manassas can be a Class 3 felony, a Class 6 felony, or an unclassified felony. However, a Burglary charge in Manassas is a Class 3 felony.
Breaking and Entering and Burglary in Manassas can both be charged as a Class 2 felony if the offender used a deadly weapon in the commission of the offense and is punished with a minimum of 20 years up to life in prison.
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