Fairfax Burglary
May 24, 2020 by Jean Humbrecht
A Fairfax Burglary Can Only be Committed at Night
A Fairfax Burglary is breaking and entering into the dwelling house of another at night time with the intent to commit a larceny or felony. A Fairfax Burglary is complete when entry is made with felonious intent.
To convict an offender of a Fairfax Burglary, the Commonwealth must prove that the offender:
- committed a breaking and entering
- of the dwelling house
- of another
- at night
- to commit a larceny or felony therein
Breaking: Breaking is using any element of force against the dwelling house, without permission, to gain entry. The force does not need to cause damage. Pushing a door open or even using a key to unlock a door can be considered a breaking for purposes of a Fairfax Burglary.
Breaking can be actual or constructive. Actual breaking is using physical force gain entry. Constructive breaking occurs when the offender uses threats, fraud or conspiracy to cause the structure to be opened.
Entering: Entering is any intrusion into the interior space of a dwelling house. A Fairfax Burglary is complete when entry is made with the intent to commit a larceny or felony.
Nighttime: To convict an offender of a Fairfax Burglary, the Commonwealth must prove that the breaking and entering occurred between sunset and sunrise.
Dwelling House: A Fairfax Burglary can only be committed against a dwelling house. For purposes of a Fairfax Burglary, a structure is a dwelling house if a person usually lodges there at night.
Of Another: To convict an offender of a Fairfax Burglary, the Commonwealth must prove that some person other than the accused occupied the dwelling house.
Intent to Commit Larceny or Felony: The Commonwealth must prove that the offender intended to commit a a larceny or felony to convict an offender of a Fairfax Burglary, and the intended felony or larceny does not need to be completed to convict an offender of a Fairfax Burglary. Additionally, the offender can be convicted of both Burglary and the Larceny or felony committed in the course of the Burglary.
Deadly Weapon: Using a deadly weapon in the commission of Burglary in Fairfax makes the offense a Class 2 felony, which is punished with a minimum of 20 years up to life in prison.
Possession of Recently Stolen Goods: A court can infer that anyone possessing goods recently stolen in a Burglary is the same person who committed the Burglary or Breaking and Entering.
Possession of Burglarious Tools: Possession of burglarious tools matching the tools used in a Burglary or Breaking and Entering can be evidence of intent to commit Burglary. Possession of Burglarious Tools with intent to commit Burglary, Robbery or Larceny is a separate Class 5 felony under Va. Code §18.2-94, punished with up to 10 years in prison. Click here for more information on the charge of Possession of Burglarious Tools in Virginia.
Penalty for Fairfax Burglary
A Fairfax Burglary is a Class 3 felony. It is punished with 5 -20 years in prison and a fine up to $100,000. If the offender was armed with a deadly weapon in the commission of the Burglary, the offense becomes a Class 2 felony, which is punished with 20 years up to life in prison.