18.2-91 Breaking Entering Virginia Statutory Burglary Virginia Lawyer Fairfax

What is Burglary in Virginia?

If you broke open and entered into someone’s home at night for the purpose of committing a theft or a felony offense, then you may be charged with breaking and entering in Virginia.

Breaking & Entering is a serious felony offense in Virginia. Another term for breaking and entering is burglary.

The punishment for breaking and entering may vary from a minimum of one year to maximum of lifetime jail, depending on many factors such as severity of the act and armed with deadly weapons.

Types of Burglary (Breaking & Entering) in Virginia:

In VA, breaking into a house statutes are broadly classified as two types of breaking and entering, i.e. common law breaking & entering and statutory burglary.
The statutory burglary has been further classified into two acts based on the severity of the act, as defined in Virginia Code 18.2-90, and 18.2-91.

Virginia Burglary Laws & Penalties

1. Entering in the night-time without breaking or entering in the daytime by breaking and entering or enters and conceals himself in a dwelling house with intent to Commit Murder, Rape, Robbery or Arson. (Code 18.2-90).

The penalty for a burglary conviction is for a term of imprisonment of 5-20 years and a fine of up to$100,000.

2. Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony (Code 18.2-91).

The penalty for this type of burglary conviction is between 1 to 20 years in confinement in a state correctional facility or a jail sentence of up to 12 months, and/or a fine of up to $2,500.

Further, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony, i.e., for a term of imprisonment for life or for any term not less than 20 years and a fine of up to $100,000.

As defined in Va. Code 18.2.92, Breaking and entering a dwelling house either in the day or night-time with the intent to commit any misdemeanor except assault and battery or trespass, shall be guilty of a Class 6 felony.

The penalty for a burglary conviction is 1-5 years in prison, or a jail sentence of up to 12 months, and/or a fine up to $2,500.

This is a serious crime in VA with severe consequences. Irrespective of the type of burglary offense you have been charged with, your first step should be is to contact an experienced Virginia burglary lawyer who is experienced with dealing with the laws that govern a Virginia Burglary charge. Call our offices today if you need a Virginia burglary lawyer. Our law firm frequently defends clients charged with burglary in Virginia. Call 888-437-7747. C