Difference Between Burglary and Breaking and Entering in Virginia
What is the difference between Burglary and Breaking and Entering 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 the offense occurred, the type of property involved, the offender’s intent, the way the offender entered the property, and the penalty range.
Virginia Burglary Charge
A Burglary in Virginia is breaking and entering into the dwelling house of another at night with the intent to commit a larceny or felony. A Burglary charge in Virginia 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, the offense becomes a Class 2 felony, which is punished with a minimum of 20 years up to life in prison.
Virginia Breaking and Entering Charge
There are a number of different Breaking and Entering charges in Virginia, including Breaking and Entering with the Intent to Commit Rape, Robbery, Murder or Arson, Breaking and Entering with the Intent to Commit Larceny, Assault and Battery or other Felony, and Breaking and Entering with the Intent to Commit a Misdemeanor.
Breaking and Entering with the Intent to Commit Rape, Robbery, Murder or Arson 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 with criminal intent. This offense is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.
Breaking and Entering with the Intent to Commit Larceny, Assault and Battery or another Felony 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.
Breaking and Entering with the Intent to Commit any Misdemeanor (other than Assault and Battery or Trespass) can be committed by breaking and entering an occupied dwelling house during the day or night. This offense is a Class 6 felony, punished with up to 5 years in prison.
If the offender uses a deadly weapon in the commission of any of these Breaking and Entering offenses, the crime becomes a Class 2 felony, punished with 20 years up to life in prison and a fine up to $100,000.
One Difference Between Burglary and Breaking and Entering in Virginia is the Range of Penalties
Difference Between Burglary and Breaking and Entering in Virginia
One difference between Burglary and Breaking and Entering in Virginia is the time of day that the offense occurred. An offender can only be convicted of Burglary for entering a dwelling house at night, but can be convicted of Breaking and Entering in Virginia if he entered another person’s property during the day or night.
Another difference between Burglary and Breaking and Entering in Virginia is the type of property involved. An offender can only be convicted of Burglary in Virginia if he entered a dwelling house. However, 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.
Another difference between Burglary and Breaking and Entering in Virginia is the offender’s intent. To convict an offender of a Burglary charge in Virginia, the Commonwealth must prove that the offender intended to commit a larceny or felony inside the dwelling home. Breaking and Entering, however, requires different intent, including intent to commit rape, robbery, murder, 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 Virginia is the way the offender entered the property. An offender can be convicted of Burglary in Virginia for breaking and entering another person’s property. An offender can be convicted of Breaking and Entering, however, if he entered at night, broke and entered during the day or night, or entered a business at any time.
Another difference between Burglary and Breaking and Entering in Virginia is the penalty range. A Virginia Burglary charge is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000. A Virginia Breaking and Entering charge, however, can be a Class 3 felony, a Class 6 felony, or an unclassified felony.
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