Virginia Breaking and Entering Charge

A Virginia Breaking and Entering charge criminalizes entering property to commit a crime.  There are a number of different Breaking and Entering charges in Virginia, discussed below.

Virginia Breaking and Entering Charge

Breaking and Entering to Commit Murder, Robbery, Rape, or Arson (Va. Code §18.2-90)

A Virginia Breaking and Entering charge under Va. Code §18.2-90 criminalizes entering a dwelling house at night, breaking and entering a dwelling house during the day or night, or entering a business or place open to the public to commit Murder, Robbery, Rape or Arson.  This crime is a Class 3 felony and is punished with 5-20 years in prison and a fine up to $100,000.  If a deadly weapon was used during the commission of the offense, the crime becomes a Class 2 felony, which is punished with 20 years up to life in prison.

For more information on a Virginia Breaking and Entering charge under Va. Code §18.2-90, click here.

Breaking and Entering to Commit a Felony, Assault and Battery, or Larceny (Va. Code §18.2-91)

A Virginia Breaking and Entering charge under Va. Code §18.2-91 criminalizes entering a dwelling house at night, breaking and entering during the day or night, or entering a business or other place open to the public to commit a felony, Assault and Battery, or Larceny.  This crime is punished with up to 20 years in prison and a fine up to $2,500.  If the offender was armed with a deadly weapon, the offense becomes a Class 2 felony, punished with 20 years up to life in prison.

For more information on a Virginia Breaking and Entering charge under Va. Code §18.2-91, click here.

Breaking and Entering to Commit Misdemeanor (Va. Code §18.2-92)

A Virginia Breaking and Entering charge under Va. Code §18.2-92 criminalizes breaking and entering an occupied dwelling house during the day or at night to commit a misdemeanor other than Assault and Battery or Trespass.  This charge is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500.  Committing this offense while armed with a deadly weapon is punished with 20 years up to life in prison.

For more information on a Virginia Breaking and Entering charge under Va. Code §18.2-92, click here.

Burglary (Va. Code §18.2-89)

Burglary in Virginia is breaking and entering a dwelling house at night to commit a larceny or felony therein.  This crime 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 to commit the offense, it will be charged as a Class 2 felony, punished with 20 years up to life in prison.

Although Burglary and Breaking and Entering sound the same, they have important differences.  For more information on the difference between a Burglary charge and a Virginia Breaking and Entering charge, click here.

For more information on a Virginia Burglary charge, click here.

Bank Burglary (Va. Code §18.2-93)

Bank Burglary in Virginia is committed when an offender enters a banking house with a deadly weapon, during the day or night, with the intent to commit larceny of money, bonds, notes, or securities.  This offense is punished with 20 years up to life in prison.

For more information on a Bank Burglary charge in Virginia, click here.

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