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

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

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

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

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.

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.

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

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

Another difference between Burglary and Breaking and Entering in Virginia is the location of the crime.  An offender can only be convicted of Burglary for entering another person’s dwelling house, but 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.

The way the offender enters the property is another difference between Burglary and Breaking and Entering in Virginia.  An offender can only be convicted of Burglary for breaking and entering at night.  An offender can be convicted of Breaking and Entering, however, 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.

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

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

 

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