Constructive Breaking by Fraud in Virginia

Virginia breaking and entering charges 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, and the force does not need to cause any damage.   Breaking can be actual or constructive.  Actual breaking is using physical force to enter a dwelling house or structure.  Constructive breaking occurs when the offender uses threats, fraud or conspiracy to cause the structure to be opened.  This post focuses on constructive breaking by fraud in Virginia.

Constructive Breaking by Fraud in Virginia is Gaining Access to a Dwelling House or Other Structure by Fraud

Click here for more information on constructive breaking by threat in Virginia.

Click here for more information on constructive breaking by conspiracy in Virginia.

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

Constructive Breaking by Fraud in Virginia

Constructive breaking by fraud in Virginia occurs when the offender uses some fraud to trick an occupant of a dwelling house or structure to provide the offender access to the structure.  An example of fraudulent constructive breaking would be impersonating a police officer in order to trick an occupant to allow access to the structure.  Using fraud to obtain access to the dwelling house or structure is sufficient to prove the breaking element of a breaking and entering charge in Virginia.

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