What is the Difference Between Breaking and Entering and Burglary in Fairfax?

What is the difference between Breaking and Entering and Burglary in Fairfax?  Although they are often confused, they are very different crimes.  If you are wondering, what is the difference between Breaking and Entering and Burglary in Fairfax, read the post below.

What is the Difference Between Breaking and Entering and Burglary in Fairfax?

What is the difference between Breaking and Entering and Burglary in Fairfax?  Both crimes involve entering another person’s property without consent to commit a crime.  However, there are a number of important differences, including the time of day the offense occurred, the location of the offense, the offender’s intent, the way the offender entered the property, and the range of penalties.

Fairfax Burglary

Burglary in Fairfax (Va. Code §18.2-89) is breaking and entering the dwelling house of another at night with the intent to commit a larceny or felony therein.  This offense 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 in the commission of the Burglary, it will be charged as a Class 2 felony, which is punished with a minimum of 20 years up to life in prison.

For more information on Burglary in Fairfax, click here.

Fairfax Breaking and Entering

There are a number of Breaking and Entering charges in Fairfax, including Breaking and Entering with the Intent to Commit Rape, Robbery, Murder or Arson (Va. Code §18.2-90), Breaking and Entering with the Intent to Commit Larceny, Assault and Battery or other Felony (Va. Code §18.2-91), and Breaking and Entering with the Intent to Commit a Misdemeanor (Va. Code §18.2-92).

Breaking and Entering with the Intent to Commit Rape, Robbery, Murder or Arson (Va. Code §18.2-90) can be committed by entering a dwelling house at night without breaking, breaking and entering a dwelling house during the day or night, entering a dwelling house or business and hiding, or entering a business or other place open to the public, without breaking.  This offense is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.

For more information on this form of Breaking and Entering in Fairfax, click here.

Breaking and Entering with the Intent to Commit Larceny, Assault and Battery or another Felony (Va. Code §18.2-91) can be committed by entering a dwelling house at night, breaking and entering a dwelling house during the day or the night, entering a dwelling house or business and hiding, or entering a business or public place with intent to commit a larceny, assault and battery, or other felony.  This offense is punished with up to 20 years in prison and a fine up to $2,500.

For more information on this form of Breaking and Entering, click here.

Breaking and Entering with the Intent to Commit any Misdemeanor other than Assault and Battery or Trespass can be committed in the daytime or the nighttime, and is committed when an offender breaks and enters an occupied dwelling house.  This offense is a Class 6 felony, punished with up to 5 years in prison.

For more information on this form of Breaking and Entering, click here.

If the offender committed any of these offenses with a deadly weapon, the crime is punished with 20 years up to life in prison and a fine up to $100,000.

What is the Difference Between Burglary and Breaking and Entering in Fairfax?

So, what is the difference between Breaking and Entering and Burglary in Fairfax?  One difference is the time of day that the offense occurred.  An offender can be convicted of Breaking and Entering in Fairfax for entering another person’s property during the day or night, whereas an offender can be convicted of Burglary only for entering another person’s property at night.

Another difference between Burglary and Breaking and Entering in Fairfax is the location of the crime.  An offender can only be convicted of Breaking and Entering in Fairfax if he entered a dwelling house, business or other place open to the public with the intent to commit a crime.  However, an offender can only be convicted of Burglary in Fairfax for entering another person’s dwelling house.

Another difference between Burglary and Breaking and Entering is the offender’s intent.  To convict an offender of Breaking and Entering, the Commonwealth must prove that the offender intended to commit rape, robbery, murder, arson, another felony, assault and battery, larceny, or a misdemeanor other than assault and battery or trespass.  To convict an offender of Burglary, the Commonwealth must prove that the offender entered the property with the intent to commit a larceny or felony inside the dwelling home.

Another difference between Breaking and Entering and Burglary in Fairfax is the way the offender entered the property.  An offender can be convicted of Breaking and Entering if he entered at night, broke and entered during the day or night, entered and hid, or entered a business at any time without requiring proof of breaking or hiding.  To convict an offender of Burglary in Fairfax, the Commonwealth must prove a breaking and entering.

Another difference between Breaking and Entering and Burglary in Fairfax is the penalty range.  Breaking and Entering in Fairfax can be a Class 3 felony, a Class 6 felony, or an unclassified felony.  Burglary, however, is a Class 3 felony.

 

***DISCLAIMER: THE MATERIAL AND INFORMATION CONTAINED IN THIS POST, ON ANY PAGES ON THIS WEBSITE, AND ON ANY PAGES LINKED FROM THESE PAGES, ARE FOR GENERAL INFORMATION ONLY AND NOT LEGAL ADVICE. YOU SHOULD CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON ANY OF THE INFORMATION CONTAINED ON THESE PAGES. SENDING EMAIL TO OR VIEWING INFORMATION FROM THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP***