Breaking and Entering vs. Burglary in Virginia

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

Breaking and Entering vs Burglary in Virginia: Location

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

Breaking and Entering vs Burglary in Virginia: Time of Day

Another element that distinguishes Breaking and Entering from Burglary in Virginia is the time of day the crime occurred.  Breaking and Entering can occur during the daytime or nighttime, but Burglary can only occur at night.

Breaking and Entering vs Burglary in Virginia: Intent

Another difference between Breaking and Entering and Burglary in Virginia is the intent of the offender.  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).  However, to convict an offender of a Virginia Burglary, the Commonwealth must prove the offender intended to commit a larceny or felony in the dwelling house.

Breaking and Entering vs Burglary in Virginia: Entry

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

An offender can be convicted of Breaking and Entering in Virginia 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.  However, an offender can only be convicted of Burglary in Virginia for breaking and entering.

Breaking and Entering vs Burglary in Virginia: Penalty

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

Breaking and Entering and Burglary in Virginia can both become 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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