Breaking and Entering

Virginia Breaking and Entering charges criminalize breaking and entering, entering at night, or entering and hiding with the intent to commit a crime.  If the offender intended to commit a crime at the time of entry, he can be convicted of one of the Virginia Breaking and Entering charges discussed below.

Virginia Breaking and Entering Charges

There are a number of Virginia Breaking and Entering charges.  These include breaking and entering intending to commit specific crimes, Burglary, and Bank Burglary.

Virginia Breaking and Entering Charges Involving Specific Crimes

Virginia Breaking and Entering charges criminalize breaking and entering with intent to commit a number of different specific crimes, including:

• Breaking and Entering with Intent to Commit Rape, Robbery, Murder or Arson (Va. Code §18.2-90)
• Breaking and Entering with Intent to Commit Larceny, Assault and Battery or Another Felony (Va. Code §18.2-91)
• Breaking and Entering with Intent to Commit a Misdemeanor (Va. Code §18.2-92)

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

Breaking and Entering with intent to commit Rape, Robbery, Murder or Arson (Va. Code §18.2-90) is a Class 3 felony.  Virginia Breaking and Entering charges under Va. Code §18.2-90 can be committed by entering a dwelling house at night without breaking, breaking and entering during the day or at night, or entering and hiding.  Offenders can also be convicted of a Virginia Breaking and Entering charge under Va. Code §18.2-90 by entering a business or place open to the public with the intent to commit a Rape, Robbery, Murder or Arson. Virginia Breaking and Entering charges under Va. Code §18.2-90 are punished with 5-20 years in prison and a fine up to $100,000.  If the accused was armed with a deadly weapon, the offense becomes a Class 2 felony, punished with 20 years up to life in prison and a fine up to $100,000.

Click here for more information on Virginia Breaking and Entering charges involving intent to commit Rape, Robbery, Murder or Arson.

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

Va. Code §18.2-91 criminalizes Breaking and Entering with intent to commit Larceny, Assault and Battery, or any other felony not listed in Va. Code §18.2-90.  Virginia Breaking and Entering charges under Va. Code §18.2-91 can be committed by entering at night, breaking and entering during the day or night, or entering and hiding.  This offense can also be committed by entering a public place with intent to commit a Larceny, Assault and Battery, or a felony not listed in Va. Code §18.2-90.  Virginia Breaking and Entering charges under Va. Code §18.2-91 are punished with up to 20 years in prison and a fine up to $2,500.  The offense can be punished with up to life in prison if the offender used a deadly weapon in commission of the crime.

Click here for more information on Virginia Breaking and Entering charges involving an intent to commit Larceny, Assault and Battery, or other felony.

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

Breaking and Entering an occupied dwelling house (during the day or night) with the intent to commit any misdemeanor other than Assault and Battery or Trespass is a Class 6 felony under Va. Code §18.2-92. It is punished with up to 5 years in prison and a fine up to $2,500.  If the accused is armed with a deadly weapon, he can be punished with up to life in prison.

Click here for more information on Virginia Breaking and Entering charges involving an intent to commit a misdemeanor.

Virginia Burglary Charges (Va. Code §18.2-89)

Burglary in Virginia (Va. Code §18.2-89) is breaking and entering the dwelling house of another at night with the intent to commit a larceny or felony.  Burglary in Virginia is complete when entry is made with the felonious intent.  Burglary in Virginia under Va. Code §18.2-89 is a Class 3 felony, punished with 5 to 20 years in prison and a fine up to $100,000.  If the offender was armed with a deadly weapon at the time of entry, the offense becomes a Class 2 felony, punished with a minimum of 20 years up to life in prison.

Click here for more information on Burglary in Virginia under Va. Code §18.2-89.

Virginia Bank Burglary Charges (Va. Code §18.2-93)

Bank Burglary in Virginia is a Class 2 felony under Va. Code §18.2-93. Bank Burglary in Virginia is entering a banking house during the day or at night while armed with a deadly weapon with intent to commit larceny of money, bonds, notes, or securities.  Bank Burglary in Virginia is punished with a minimum of 20 years up to life in prison.  If an offender actually robs a bank in the course of Bank Burglary, the offender can be convicted of both Robbery and Bank Burglary and will be punished with consecutive sentences.

Click here for more information on Bank Burglary in Virginia.

Click here for more information on Robbery in Virginia.