Difference Between Burglary and Breaking and Entering in Manassas

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

Difference Between Burglary and Breaking and Entering in Manassas

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

Burglary in Manassas

Burglary in Manassas (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 Manassas, click here.

Breaking and Entering in Manassas

There are a number of Breaking and Entering charges in Manassas, including Breaking and Entering with Intent to Commit Murder, Rape, Robbery 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 Murder, Rape, Robbery or Arson (Va. Code §18.2-90) can be committed by entering a dwelling house at night without breaking, 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 Manassas, click here.

Breaking and Entering 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 Manassas, click here.

Breaking and Entering 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 Manassas, 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.

Difference Between Burglary and Breaking and Entering in Manassas

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

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

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

Another difference between Burglary and Breaking and Entering in Manassas is the way the offender entered the property.  An offender can only be convicted of Burglary in Manassas for breaking and entering at night.  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 during the day or at night.

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

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