Constructive Breaking by Threat in Virginia

Constructive Breaking by Threat in Virginia Occurs When an Offender Gains Access to a Dwelling or Structure by Threat

Breaking and entering charges in Virginia require the Commonwealth to prove that an offender broke and entered 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.  This force need not cause any damage.  Pushing an open door further open or even using a key without permission can be considered a breaking in Virginia.  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 threat in Virginia.

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

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

For more general information on breaking and entering charges in Virginia, click here.

Constructive Breaking by Threat in Virginia

Constructive breaking by threat in Virginia occurs by threatening the occupant of the dwelling house or structure to provide the offender access to the structure.  Threatening an occupant to provide 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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