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

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

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

What is the difference between Breaking and Entering and Burglary in Virginia?  Breaking and Entering and Burglary both involve entering another person’s property to commit a criminal offense.  However, there are a number of important differences, including the time of day of the offense, the location of the offense, the way the offender entered the property, the offender’s intent, and the penalties.

Breaking and Entering in Virginia

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

Breaking and Entering with Intent to Commit Murder, Robbery, Rape or Arson can occur by entering a dwelling house at night without breaking, breaking and entering a dwelling house during the daytime or nighttime, entering and hiding, or entering a business or place open to the public with criminal intent.  This offense is a Class 3 felony, which is 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 Virginia, click here.

Breaking and Entering with Intent to Commit Another Felony, Assault and Battery, or Larceny can be committed by entering a dwelling house at night, breaking and entering a dwelling house during the daytime or nightime, entering and hiding, or entering a business or other place open to the public with criminal intent.  This crime 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 in Virginia, click here.

Breaking and Entering with Intent to Commit a Misdemeanor (other than Assault and Battery or Trespass) occurs when an offender breaks and enters an occupied dwelling to commit a misdemeanor, and can occur during the daytime or the nighttime.  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 in Virginia, click here.

Committing any of the above offenses with a deadly weapon turns the offense into a Class 2 felony, which is punished with 20 years up to life in prison and a fine up to $100,000.

Burglary in Virginia

Burglary in Virginia is breaking and entering the dwelling house of another at night with intent to commit a larceny or felony therein.  Burglary in Virginia is a Class 3 felony, punished with 5-20 years in prison and a fine up to $100,000.  Using a deadly weapon in the commission of a burglary in Virginia is punished with a minimum  of 20 years up to life in prison.

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

So, what is the difference between Breaking and Entering and Burglary in Virginia?  One difference is the time of day of the offense.  An offender can be convicted of Breaking and Entering during the day or night, but can only be convicted of Burglary if he entered the property at night.

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

The way the offender enters the property is another difference between Breaking and Entering and Burglary in Virginia.  An offender can be convicted of Breaking and Entering for entering at night, breaking and entering during the day or night, or entering a business or place open to the public at any time with the required criminal intent.  An offender can only be convicted of Burglary, however, for breaking and entering at night.

Another difference between Breaking and Entering and Burglary in Virginia is the offender’s intent.  To convict an offender of Breaking and Entering, the Commonwealth must prove an intent to commit murder, robbery, rape or arson, another felony, assault and battery, larceny, or a misdemeanor other than assault and battery or trespassing.  To convict an offender of Burglary, the Commonwealth must prove the offender intended to commit a larceny or felony.

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

 

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