Difference Between Breaking and Entering and Burglary in Virginia

Breaking and Entering and Burglary in Virginia are often confused.  Although they sound similar, they are very different crimes.  Read the post below for more information on the difference between Breaking and Entering and Burglary in Virginia.

Difference Between Breaking and Entering and Burglary in Virginia

What is the difference between Breaking and Entering and Burglary in Virginia?  Both crimes involve entering another person’s property to commit a crime.  However, there are a number of important differences, including the time of the offense, the type of property entered, the offender’s intent, the way the offender entered the property, and the penalty range.

Breaking and Entering in Virginia

There are a number of Breaking and Entering charges in Virginia, 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 other Felony (Va. Code §18.2-91), and Breaking and Entering with Intent to Commit a Misdemeanor (Va. Code §18.2-92).

Breaking and Entering to Commit Rape, Robbery, Murder or Arson (Va. Code §18.2-90) can be committed by entering a dwelling house at night, breaking and entering a dwelling house during the day or night, or entering a business or other place open to the public.  This offense is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.  For more information on this form of Breaking and Entering in Virginia, click here.

Breaking and Entering with the Intent to Commit Larceny, Assault and Battery or another Felony (Va. Code §18.2-91) can be committed by entering a dwelling house at night, breaking and entering a dwelling house during the day or the night, or entering a business or public place with intent to commit a larceny, assault and battery, or other felony.  This offense is punished with up to 20 years in prison and a fine up to $2,500.  For more information on this form of Breaking and Entering in Virginia, click here.

Breaking and Entering with the Intent to Commit any Misdemeanor other than Assault and Battery or Trespass can be committed in the daytime or the nighttime, and is committed when an offender breaks and enters an occupied dwelling house.  This offense is a Class 6 felony, punished with up to 5 years in prison.  For more information on this form of Breaking and Entering in Virginia, click here.

If the offender uses a deadly weapon in the commission of any of these offenses, the crime becomes a Class 2 felony, punished with 20 years up to life in prison and a fine up to $100,000.

Burglary in Virginia

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 therein.  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 Burglary, it will be charged as a Class 2 felony, which is punished with a minimum of 20 years up to life in prison.  For more information on Burglary in Virginia, click here .

Difference Between Breaking and Entering and Burglary in Virginia

One difference between Breaking and Entering and Burglary in Virginia is the time of day that the offense occurred.  An offender can be convicted of Breaking and Entering in Virginia if he entered another person’s property during the day or night, but an offender can only be convicted of Burglary in Virginia if he entered the dwelling house of another at night.

Another difference between Breaking and Entering and Burglary in Virginia is the type of property involved.  An offender can be convicted of Breaking and Entering in Virginia if he entered a dwelling house, business or other place open to the public with the intent to commit a crime.  However, an offender can only be convicted of Burglary in Virginia if he entered a dwelling house.

Another difference between Breaking and Entering and Burglary in Virginia is the offender’s intent.  Breaking and Entering requires intent to commit rape, robbery, murder, arson, another felony, assault and battery, larceny, or a misdemeanor other than assault and battery or trespass.  To convict an offender of Burglary in Virginia, however, the Commonwealth must prove that the offender intended to commit a larceny or felony inside the dwelling home.

Another difference between Breaking and Entering and Burglary in Virginia is the way the offender entered the property.  An offender can be convicted of Breaking and Entering if he entered at night, broke and entered during the day or night, or entered a business at any time.  An offender can only be convicted of Burglary in Virginia for breaking and entering at night.

Another difference between Breaking and Entering and Burglary in Virginia is the penalty range.  A Virginia Breaking and Entering charge can be a Class 3 felony, a Class 6 felony, or an unclassified felony.  Burglary in Virginia, however, is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.

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