Burglary in Manassas
November 20, 2020 by Jean Humbrecht
Burglary in Manassas is Breaking and Entering into Another Person’s Home with Intent to Commit a Larceny or Felony
A Burglary in Manassas (Va. Code §18.2-89) is breaking and entering into another person’s home at night time with the intent to commit a larceny or felony. A Burglary in Manassas under §18.2-89 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 Manassas.
Proof of Burglary in Manassas
Burglary in Manassas is a very specific charge. To convict an offender of a Burglary in Manassas, the Commonwealth must prove every element of the offense:
- breaking and entering
- the dwelling house
- of another person
- at nighttime
- with intent to commit a larceny or felony therein
Breaking: Breaking means using any element of force against the dwelling house, without permission, to gain entry. Breaking can be actual or constructive. Actual breaking is using physical force to enter the dwelling house. Constructive breaking occurs by using threats, fraud or conspiracy to cause the dwelling house to be opened.
Entering: Entering is any intrusion into the interior space of a dwelling house. A Burglary in Manassas 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 Manassas.
Dwelling House: A Burglary in Manassas 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: To convict an offender of a Burglary in Manassas, the Commonwealth must 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 Manassas. The intended crime does not need to be completed to convict an offender of Burglary in Manassas. Additionally, the offender can be charged with, and convicted of, both Burglary and the Larceny or felony committed in the course of the Burglary.
Deadly Weapon: Using a deadly weapon in the commission of Burglary in Manassas is a Class 2 felony, which is punished by a minimum of 20 years up to life in prison.
Penalty for Burglary in Manassas
A Burglary charge in Manassas 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.