Manassas Burglary
October 22, 2018 by Jean Humbrecht
A Manassas Burglary is breaking and entering into another person’s home at night time with the intent to commit a larceny or felony therein. A Manassas Burglary is complete when entry is made into a dwelling house with felonious intent.
Proof of a Manassas Burglary
A Manassas Burglary charge is a very specific offense. To convict an offender of a Manassas Burglary, the Commonwealth must prove every element of the offense, including:
- breaking and entering
- the dwelling house
- of another person
- at nighttime
- with intent to commit a larceny or felony therein
A Manassas Burglary is a Serious Felony and can be Punished with up to Life in Prison
Breaking: Breaking means using force against a dwelling house, without permission, to gain entry. Breaking can be actual or constructive. Actual breaking is using physical force to enter the dwelling house. Constructive breaking is using threats, fraud or conspiracy to cause a dwelling house to be opened.
Entering: Entering is an intrusion into the interior space of a dwelling house.
Nighttime: The Commonwealth must prove the breaking and entering occurred at night (between sunset and sunrise) to convict an offender of a Manassas Burglary.
Dwelling House: A Manassas Burglary can only be committed against a dwelling house (a place where a person usually lodges at night).
Of Another: To convict an offender of a Manassas 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 had an intent to commit a larceny or felony at the time of the breaking and entering to convict an offender of a Manassas Burglary. The intended crime does not need to be completed to convict an offender of a Burglary charge in Manassas. 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 a Manassas Burglary is a Class 2 felony, which is punished by 20 years up to life in prison.
Penalty for Burglary in Manassas
A Manassas Burglary (Va. Code §18.2-89) 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, the offense becomes a Class 2 felony, which is punished with 20 years up to life in prison.