Fairfax Burglary Charges

Fairfax Burglary charges are serious felonies.  Fairfax Burglary charges can be punished with up to life in prison if the offender was armed with a deadly weapon.

Burglary in Fairfax is the breaking and entering of the dwelling house of another at night with the intent to commit a larceny or felony therein.  Burglary is complete when the offender enters the dwelling house with felonious intent.  The offender can be convicted of Burglary in Fairfax even if he did not complete the underlying, intended larceny or felony.  Additionally, if he DID complete the larceny or felony,  he can be charged with, and convicted of, both Burglary and the other offense and can be sentenced to consecutive prison terms.

Proof Required for Fairfax Burglary Charges

To convict an offender of a Burglary charge in Fairfax, the Commonwealth must prove that an offender:

• committed a breaking and entering
• of the dwelling house
• of another person
• at night
• with the intent to commit a larceny or felony therein

Breaking means using force against a structure to gain entry.

Entry is an intrusion into the interior space of a dwelling house.

A structure is a dwelling house if a person usually lodges there at night.

An offender cannot be convicted for breaking into his own home, and therefore the Commonwealth must prove that the dwelling house was occupied by another person.

A Fairfax Burglary under Va. Code §18.2-89 can only be committed at night, meaning between sunset and sunrise.

The Commonwealth must also prove that the offender intended to commit a larceny or felony, even if he did not succeed in committing the larceny or felony.

The Commonwealth can also use other evidence to prove an offender committed a Burglary in Fairfax, such as possession of goods recently stolen in a Burglary or Possession of Burglarious Tools.

Penalty for Fairfax Burglary Charges

A Fairfax Burglary charge is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.  However, if the offender was armed with a deadly weapon during the commission of the Burglary, the offense becomes a Class 2 felony, punished with a minimum of 20 years up to life in prison.

 

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