Burglary Charges in Virginia

Burglary charges in Virginia are serious crimes with very severe penalties.  Burglary charges in Virginia involve breaking and entering into the dwelling house of another person at night to commit a larceny or felony.  Burglary is complete when entry is made with felonious intent.  The offender can be convicted of a Virginia Burglary even if he did not actually complete or commit the intended larceny or felony.  Additionally, if the offender did complete the larceny or felony (or any other crime),  he can be charged with, and convicted of, both Burglary and the other crime (or crimes) and can be sentenced to consecutive prison terms.

Burglary Charges in Virginia: Proof

Burglary Charges in Virginia are Serious Felonies

To convict an offender of a Virginia Burglary, the Commonwealth must prove a breaking and entering of the dwelling house of another person at night with the intent to commit a larceny or felony therein.

Breaking and Entering: Breaking means using force against a structure to gain entry.  Entering is any intrusion into the interior space of a dwelling house.

Dwelling House: A structure is a dwelling house if a person usually lodges there at night.

Another Person: The dwelling house must be occupied by another person.

Night: Nighttime means between sunset and sunrise.

Intent to Commit Crime: There must be proof that the offender intended to commit a larceny or felony, even if he did not actually commit the larceny or felony.

Other Evidence of Burglary: An offender can also be convicted of a Burglary in Virginia with proof that he possessed goods recently stolen in a Burglary or was in possession of buglarious tools.

Burglary Charges in Virginia: Penalties

Burglary in Virginia is punished with a minimum of 5 years up to 20 years in prison and a fine up to $100,000.  However, the offense can be punished with a minimum of 20 years up to life in prison if the offender was armed with a deadly weapon.

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