Constructive Breaking by Conspiracy in Virginia

Constructive Breaking by Conspiracy in Virginia Occurs when an Occupant Allows Access of a Structure to Others without Permission

Breaking and entering charges in Virginia require the Commonwealth to prove a breaking and entering of a dwelling house or other structure with the intent to commit a crime in the dwelling house or structure.  Breaking means using force against a structure to gain entry into that structure.  The force used does not need to cause any damage.  Breaking can be actual or constructive.  Actual breaking is when an offender uses physical force to enter a dwelling house or structure.  Constructive breaking occurs when an offender uses threats, fraud or conspiracy to cause the structure to be opened.  This post focuses on constructive breaking by conspiracy in Virginia.

For more information on constructive breaking by threat in Virginia, click here.

For more information on constructive breaking by fraud in Virginia, click here.

Click here for more information on Virginia breaking and entering charges.

Constructive Breaking by Conspiracy in Virginia

Constructive breaking by conspiracy in Virginia occurs when an occupant of a dwelling house or structure allows access to that dwelling house or structure to others by opening a door or window without permission to do so.  Obtaining access to a dwelling house or structure through a constructive breaking by conspiracy is sufficient to prove the breaking element of a breaking and entering charge in Virginia.

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