Virginia Burglary Charges

Virginia Burglary charges involve breaking and entering into the dwelling house of another at night with the intent to commit a larceny or felony therein.  Burglary in Virginia is complete when entry of a dwelling house is made with felonious intent.  The offender can be convicted of a Virginia Burglary even if he did not actually commit the intended larceny or felony.  If the offender did commit the larceny or felony,  he can be convicted of Burglary and the larceny or felony.

Virginia Burglary Charges can be Punished with up to Life in Prison if the Offender was Armed with a Deadly Weapon

Proof Required for Virginia Burglary Charges

In order for an offender to be convicted of a Burglary in Virginia, the Commonwealth must prove:

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

An offender can also be convicted of a Burglary in Virginia with circumstantial evidence, such as possession of recently stolen goods or possession of burglarious tools.

Penalty for Virginia Burglary Charges

A Virginia Burglary is a Class 3 felony.  This offense is punished with a minimum of 5 years up to 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.  Burglary while armed is punished with a minimum of 20 years up to life in prison.

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