Burglary and Breaking and Entering

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

Breaking and Entering Charges in Virginia

There are a number of breaking and entering charges in Virginia.  These include burglary, which is a very specific crime, and breaking and entering with the intent to commit other crimes.

Burglary

breaking and entering charges in VirginiaBurglary in Virginia (Va. Code §18.2-89) is the breaking and entering of 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.  To convict an offender of burglary in Virginia under Va. Code §18.2-89, the Commonwealth must prove breaking and entering the dwelling house of another at night with intent to commit a larceny or felony therein.

  • Breaking: Breaking means using force against a structure to gain entry.  The force does not need to cause damage.  Pushing a door open or even using a key without permission can be a breaking in Virginia.
  • Entering:  Entering is any intrusion into the interior space of a dwelling house.  The Commonwealth can prove entry by circumstantial evidence that a breaking of a dwelling house occurred and that goods were stolen from within the structure.  Entry with permission can even support a burglary conviction in Virginia if the offender entered with a plan to commit a larceny or felony.
  • Nighttime: The Commonwealth must prove the breaking and entering occurred at night (between sunset and sunrise) to convict an offender of burglary in Virginia under Va. Code §18.2-89.
  • Dwelling House:  Burglary under Va. Code §18.2-89 can only be committed against a dwelling house.  A structure is a dwelling house if a person usually lodges there at night.  The occupant does not need to be present at the time of the breaking and entering to convict someone of burglary in Virginia.
  • Of Another: The structure that was entered must be the dwelling house of another.  A person cannot burglarize his own home.
  • Intent to Commit Larceny or Felony:  The Commonwealth must allege and prove that the accused intended to commit some specific crime.  This intent can be proven by circumstantial evidence.  An unexplained, unauthorized entry into an unoccupied structure can imply an intent to commit larceny.  The intended felony or larceny does not need to be completed for an offender to be convicted of burglary in Virginia.
  • Deadly Weapon: If the accused uses a deadly weapon in the commission of the burglary, the offense can be punished with up to life in prison.

Burglary in Virginia under Va. Code §18.2-89 is a Class 3 felony.  It is punished with 5 to 20 years in prison and a fine up to $100,000.  If the accused used a deadly weapon in the commission of the burglary, the offense becomes a Class 2 felony, punished with a minimum of 20 years up to life in prison.  For more information on burglary in Virginia under Va. Code §18.2-89, click here.

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

Va. Code §18.2-90 criminalizes breaking and entering with intent to commit rape, robbery, murder or arson.  Breaking and entering charges in Virginia 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 night, or entering and hiding.  The structures covered by this statute include any dwelling house or adjoining outhouse, a building permanently affixed to realty, a ship or boat, a railroad car, any motor vehicle used as a place of habitation, and churches.  Offenders can also be convicted of breaking and entering charges in Virginia under Va. Code §18.2-90 by entering (without breaking) a business or other place open to the public with intent to commit a rape, robbery, murder or arson.

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 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.  For more information on breaking and entering charges in Virginia involving an intent to commit rape, robbery, murder or arson, click here.

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.  Breaking and entering charges in Virginia under Va. Code §18.2-91 can be committed by entering at night, breaking and entering during the day or night, entering and hiding, or entering a public place with intent to commit a larceny, assault and battery, or other felony.  Breaking and entering charges under Va. Code §18.2-91 are punished with up to 20 years in prison and a fine up to $2500.  The offense becomes a Class 2 felony, punished with up to life in prison, if the offender used a deadly weapon in commission of the crime.  For more information on breaking and entering charges in Virginia involving an intent to commit larceny, assault and battery, or another felony, click here.

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

Breaking and entering a dwelling house with intent to commit any misdemeanor other than assault and battery or trespass is a Class 6 felony under Va. Code §18.2-92.  Breaking and entering charges in Virginia under Va. Code §18.2-92 can be committed in the daytime or nighttime.  Breaking and entering charges in Virginia under under Va. Code §18.2-92 are punished with up to 5 years in prison and a fine up to $2500.  If the accused is armed with a deadly weapon, the offense becomes a Class 2 felony.  For more information on breaking and entering charges in Virginia involving an intent to commit a misdemeanor, click here.

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

It is a Class 2 felony under Va. Code §18.2-93 to enter a banking house in the daytime or nighttime while armed with a deadly weapon with intent to commit larceny of money, bonds, notes, or securities.  It is punished with 20 years up  to life in prison.  If an offender actually robs a bank with a deadly weapon in the course of bank burglary, he can be convicted of both offenses and the punishments will be consecutive.  Click here for more information on bank burglary in Virginia.