Breaking and Entering Charges in Virginia

Breaking and Entering charges in Virginia criminalize entering another person’s property with the intent to commit a crime.  There are a number of Breaking and Entering charges in Virginia, including Breaking and Entering to commit specific crimes, Burglary, and Bank Burglary.

Breaking and Entering Charges in Virginia

Breaking and Entering with Intent to Commit Murder, Rape, Robbery, Arson (Va. Code §18.2-90)

Breaking and Entering with the intent to commit Murder, Rape, Robbery or Arson can be committed by entering a dwelling house at night, breaking and entering a dwelling house during the day or night, entering and hiding, or entering a business or place open to the public with the intent to commit Murder, Rape, Robbery or Arson.  Breaking and Entering under Va. Code §18.2-90 is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.  If a deadly weapon was used in the commission of the offense, the crime becomes a Class 2 felony, which is punished with 20 years up to life in prison.

For more information on Breaking and Entering charges in Virginia under Va. Code §18.2-90 , click here.

Breaking and Entering with Intent to Commit Felony, Assault and Battery, Larceny (Va. Code §18.2-91)

Breaking and Entering charges in Virginia involving an intent to commit a felony (other than those listed in Va. Code §18.2-90), Assault and Battery, or Larceny is criminalized under Va. Code §18.2-91.  This offense can be committed by entering a dwelling house at night, breaking and entering during the day or night, entering and hiding, or entering a business or other place open to the public with the intent to commit a felony, Assault and Battery, or Larceny.  It is punished with up to 20 years in prison and a fine up to $2,500.  If the offender used a deadly weapon in the commission of the offense, it becomes a Class 2 felony, punished with a minimum of 20 years up to life in prison.

For more information on Breaking and Entering charges in Virginia involving an intent to commit a felony, Assault and Battery, or Larceny, click here.

Breaking and Entering with Intent to Commit Misdemeanor (Va. Code §18.2-92)

Breaking and Entering charges in Virginia involving an intent to commit a misdemeanor (other than Assault and Battery or Trespass) can be committed by breaking and entering an occupied dwelling house during the day or at night.  This offense is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500.  Committing this offense while armed with a deadly weapon is a Class 2 felony, punished with up to life in prison.

For more information on Breaking and Entering charges in Virginia involving an intent to commit a misdemeanor, click here.

Burglary (Va. Code §18.2-89)

Burglary in Virginia is breaking and entering another person’s dwelling house at night with the intent to commit a larceny or felony.  Burglary is a Class 3 felony, 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 offense, the crime becomes a Class 2 felony, punished with up to life in prison.

Burglary and Breaking and Entering are not the same crime in Virginia, even though they sound similar.  For information on the difference between Burglary and Breaking and Entering in Virginia, click here.

For more information on Burglary in Virginia, click here.

Bank Burglary (Va. Code §18.2-93)

Bank Burglary is committed when an offender enters a banking house while armed with a deadly weapon, during the day or night, with the intent to commit larceny of money, bonds, notes, or securities.  This offense is a Class 2 felony, which is punished with a minimum of 20 years up to life in prison.

For more information on Bank Burglary in Virginia, click here.

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