Virginia Burglary Charge
November 25, 2015 by Jean Humbrecht
A Virginia Burglary charge criminalizes breaking and entering into someone’s home at night with an intent to commit a larceny or felony. An offender can even be convicted of a Virginia Burglary charge if he did not complete the intended larceny or felony.
Elements of Virginia Burglary Charge
A Virginia Burglary Charge is a Very Serious Felony
To convict an offender of a Virginia Burglary charge, the Commonwealth must prove:
- a breaking and
- an entering
- into the dwelling house
- of another person
- at night
- with the intent to commit a larceny or felony
Breaking: Breaking means using force to gain entry.
Entering: Entry is any intrusion into the interior space of a dwelling house.
Nighttime: The Commonwealth must prove that the breaking and entering occurred at night to convict an offender of a Virginia Burglary charge.
Dwelling House: A Virginia Burglary can only be committed against a dwelling house. A structure is a dwelling house if a person usually lodges there at night.
Of Another: The Commonwealth must prove that the dwelling house was occupied by a person other than the offender to convict someone of a Virginia Burglary charge.
Intent to Commit Larceny or Felony: The Commonwealth must also prove that the offender intended to commit a larceny or felony to convict an offender of a Virginia Burglary charge.
Possession of Recently Stolen Goods: Possessing goods that were recently stolen as a result of a breaking and entering can be used as evidence that the person in possession of those goods committed the Burglary.
Possession of Burglarious Tools: Possessing burglarious tools matching the tools used in a Burglary or Breaking and Entering can be evidence of intent to commit a Burglary and can even be a separate felony under Va. Code §18.2-94. For more information on Possession of Burglarious Tools in Virginia, click here.
Penalty for Virginia Burglary Charge
A Virginia Burglary charge is punished with 5 -20 years in prison and a fine up to $100,000. If the offender was armed with a deadly weapon at the time of the breaking and entering, the crime becomes a Class 2 felony, punished with 20 years up to life in prison.