Possession of Burglary Tools
Possession of burglary tools in Virginia is not only evidence of an intent to commit burglary, but it is also a separate crime. Va. Code §18.2-94 states that it is a Class 5 felony to possess tools commonly used in breaking and entering with the intent to commit burglary, robbery or larceny. Tools commonly used in breaking and entering are referred to as burglarious, or burglary tools.
For more information on burglary in Virginia, click here. For more information on robbery charges in Virginia, click here. For more information on larceny charges in Virginia, click here.
Proof of Possession of Burglary Tools in Virginia
Burglary tools in Virginia are tools, implements, or outfits commonly used in breaking and entering. Possession of burglary tools in Virginia can be used as evidence of an intent to commit a burglary, and exclusive possession of tools used to commit a burglary in Virginia can be used as evidence that the offender committed the burglary. To convict an offender of possession of burglary tools in Virginia, the Commonwealth must prove that the offender possessed tools commonly used in burglary and that the offender possessed the tools with the intent to commit burglary, robbery, or larceny.
Possession: If an offender is found possessing tools that are commonly used to commit burglary, the offender can be convicted of possession of burglary tools in Virginia. An offender can also be convicted of possession of burglary tools in Virginia based on constructive possession (if another person involved in the same burglary is found in possession of burglarious tools). Additionally, more than one person can be convicted of possessing the same burglary tools in Virginia.
Burglarious: Tools can be considered burglarious, or burglary tools, if they are commonly used to commit burglary or if the combination of tools indicate that they are used for purposes of burglary, robbery or larceny.
Intent to Commit Burglary, Robbery, Larceny: If the tools possessed are those commonly used to commit burglary, robbery, or larceny, the offender can be convicted of possession of burglary tools in Virginia and the court can infer an intent to commit burglary. This means the Commonwealth does not need to prove intent to commit burglary to convict the offender of possession of burglary tools in Virginia. If the tools are not those commonly used to commit a burglary, the offender can still be convicted of possession of burglary tools in Virginia, but the Commonwealth must prove that the offender intended to commit a burglary, robbery, or larceny. This intent can be proven through circumstantial evidence.
Examples of Burglarious Tools in Virginia
Tools commonly used to commit burglary in Virginia include crowbars, hammers, tools used to burn, and explosive devices.
Penalty for Possession of Burglary Tools in Virginia
Possession of burglary tools in Virginia under Va. Code §18.2-94 is a Class 5 felony, punished with up to 10 years in prison and a fine up to $2500.
Possession of Burglarious Tools Statute
§18.2-94. Possession of burglarious tools, etc.