Burglary – Breaking and Entering

Burglary, also known as breaking and entering, is a very serious charge. If you are found guilty the penalties can affect the rest of your life.  Breaking and Entering in Virginia not only is a felony, but it is also considered a violent offense. Breaking and Entering and Burglary are used synonymously, but breaking and Entering is just one element of the offense of burglary.  Virginia punishes burglary differently depending on the statutes. Below, find the statutory differences in the charges:

• 18.2-89: Burglary; how punished.
  • If any person break and enter the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, he shall be guilty of burglary, punishable as a Class 3 felony; provided, however, that if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

• 18.2-90: Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty.
  • If any person in the nighttime enters without breaking or in the daytime breaks and enters or enters and conceals himself in a dwelling house or an adjoining, occupied outhouse or in the nighttime enters without breaking or at any time breaks and enters or enters and conceals himself in any building permanently affixed to realty, or any ship, vessel or river craft or any railroad car, or any automobile, truck or trailer, if such automobile, truck or trailer is used as a dwelling or place of human habitation, with intent to commit murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, he shall be deemed guilty of statutory burglary, which offense shall be a Class 3 felony. However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

• 18.2-91: Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony.
  • If any person commits any of the acts mentioned in § 18.2-90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of §§ 18.2-77, 18.2-79 or § 18.2-80, or if any person commits any of the acts mentioned in § 18.2-89 or § 18.2-90 with intent to commit assault and battery, he shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

• 18.2-92: Breaking and entering dwelling house with intent to commit other misdemeanor.
  • If any person break and enter a dwelling house while said dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

As you can see, the charges carry very serious penalties, and can be confusing without the aid of an experienced attorney.  We regularly handle these cases in Henrico, Hanover, Chesterfield, and the Metro Richmond Area. Being convicted of burglary can result in time in jail, as well as a fine and a criminal record. If you are charged with a crime, contact one of the lawyers at Jurach, Tacey & Quitiquit.

Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

The content of this Blog/Web Site does not constitute legal advice. Because legal advice must be tailored to the specific circumstances of each case and laws are constantly changing, you should seek the assistance of licensed and competent legal counsel for specific legal advice.