A Burglary charge in Fairfax criminalizes breaking and entering into the dwelling house of another at night with the intent to commit a larceny or felony therein. A Burglary in Fairfax has been committed when entry is made with felonious intent.
Elements of Burlgary Charge in Fairfax
To convict an offender of a Burglary charge in Fairfax, the Commonwealth must prove every element of the offense: breaking and entering the dwelling house of another at night with the intent to commit a larceny or felony therein.
A Burglary Charge in Fairfax Involves Entering a Dwelling House at Night to Commit a Crime
Breaking: Breaking means using force against a structure to gain entry. Pushing a door open or even using a key to unlock a door without permission can be considered a breaking for purposes of a Burglary charge in Fairfax.
Breaking can be actual or constructive. Actual breaking is using force to enter the dwelling house. Constructive breaking occurs when the offender uses threats, fraud or conspiracy to cause the dwelling house to be opened.
Entering: Entering is an intrusion into the interior space of a dwelling house. Entry with permission can even support a Burglary charge in Fairfax if the offender entered to commit a felony or larceny.
Night: The Commonwealth must prove the breaking and entering occurred at night to convict an offender of a Burglary charge in Fairfax.
Dwelling House: A Fairfax Burglary can only be committed against a dwelling house. Va. Code §18.2-78 states that a structure is a dwelling house if a person usually lodges there at night.
Of Another: The structure subject to a Burglary charge in Fairfax must be another person’s dwelling house. To convict an offender of a Burglary charge in Fairfax, the Commonwealth must allege and prove that some person other than the accused occupied the dwelling house.
Intent to Commit Larceny or Felony: The Commonwealth must prove that the offender intended to commit a a larceny or felony to convict an offender of a Burglary charge in Fairfax. The intended felony or larceny does not need to be completed to convict an offender of Burglary charge in Fairfax.
Deadly Weapon: Using a deadly weapon to commit a Burglary in Fairfax makes the offense a Class 2 felony, which is punished with a minimum of 20 years up to life in prison.
Possession of Recently Stolen Goods: Possessing good recently stolen in the course of a Burglary is sufficient for a court to infer that anyone possessing those recently stolen goods committed the Burglary.
Possession of Burglarious Tools: Possession of burglarious tools matching the tools used in a Burglary or Breaking and Entering can be evidence of intent to commit Burglary and can even be a separate felony under §18.2-94.
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Penalty for Burglary Charge in Fairfax
A Burglary charge in Fairfax under Va. Code §18.2-89 is a Class 3 felony. It is punished with 5 -20 years in prison and a fine up to $100,000. If the offender used a deadly weapon, the offense becomes a Class 2 felony, which is punished with a minimum of 20 years up to life in prison.