Burglary Charges in Fairfax

November 14, 2018 by Jean Humbrecht

Burglary charges in Fairfax are serious felonies.  Burglary charges in Fairfax can be punished with up to life in prison if the offender was armed with a deadly weapon at the time of the breaking and entering.

A Fairfax Burglary is breaking and entering into the dwelling house of another at night with the intent to commit a larceny or felony.  Burglary is complete when entry of the dwelling house is made with felonious intent.  An offender can be convicted of a Fairfax Burglary even if he did not complete the intended larceny or felony.  If the offender completed the intended larceny or felony, he can be convicted of both Burglary and the other offense.

Proof of Burglary Charges in Fairfax
burglary charges in Fairfax

Burglary in Fairfax is Breaking and Entering a Dwelling House at Night to Commit a Crime

To convict an offender of a Fairfax Burglary, the Commonwealth must prove that an offender:

  • committed a breaking
  • and entering
  • of the dwelling house
  • of another person
  • at night
  • with the intent to commit a larceny or felony

Breaking means using force to gain entry into a dwelling house.

Entering is any intrusion into the interior space of a dwelling house.

A dwelling house is a place where a person usually lodges at night.

The Commonwealth also must prove that the dwelling house was occupied by another person.

Burglary in Fairfax can only be committed at night (between sunset and sunrise).

The Commonwealth must also prove that the offender intended to commit a larceny or felony.

The Commonwealth can also use other evidence to prove a Fairfax Burglary, such as possession of goods recently stolen in a Burglary or Possession of Burglarious Tools.

Penalty for Burglary Charges in Fairfax

Burglary charges in Fairfax are Class 3 felonies, punished with 5-20 years in prison and a fine up to $100,000.  However, if the offender was armed with a deadly weapon during the commission of the Burglary, the offense becomes a Class 2 felony, punished with 20 years up to life in prison.

 

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