Burglary in Fairfax
September 1, 2018 by Jean Humbrecht
Burglary in Fairfax is breaking and entering into another person’s home at night time with the intent to commit a larceny or felony. A Burglary in Fairfax is complete when entry is made with felonious intent, and the offender does not need to be convicted of the intended larceny or felony to be convicted of a Burlary in Fairfax.
Proof of Burglary in Fairfax
Burglary in Fairfax is a very specific form of Breaking and Entering. To convict an offender of a Burglary in Fairfax, the Commonwealth must prove every element of the offense, including:
- breaking and entering
- another person’s
- dwelling house
- at night
- with the intent to commit a larceny or felony
Breaking: Breaking means using force against the dwelling house to gain entry. Breaking can be actual or constructive. Actual breaking occurs by using physical force to enter a dwelling house. Constructive breaking is using threats, fraud or conspiracy to cause a dwelling house to be opened.
Entering: Entering is any intrusion into the interior space of a dwelling house. A Burglary in Fairfax is complete when entry is made with the intent to commit a crime.
Nighttime: The Commonwealth must prove the breaking and entering occurred at night to convict an offender of a Burglary in Fairfax.
A Burglary in Faifax is Breaking and Entering into Another Person’s Dwelling House at Night to Commit a Crime
Dwelling House: A Burglary in Fairfax can only be committed against a dwelling house. A structure is a dwelling house if a person usually lodges there at night.
Of Another: To convict an offender of a Burglary in Fairfax, the Commonwealth must prove that the dwelling house was occupied by some person other than the offender.
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 in Fairfax. The offender can be charged with, and convicted of, both Burglary and the felony committed in the course of the Burglary.
Deadly Weapon: If the offender was armed with a deadly weapon when he committed a Burglary, the offense will be punished with 20 years up to life in prison.
Penalty for Burglary in Fairfax
Burglary 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 in the commission of the Burglary, the offense becomes a Class 2 felony, which is punished with 20 years up to life in prison.