In Virginia, there are two types of burglary: burglary and statutory burglary. Both are serious felony charges that carry harsh penalties if you are convicted.
What Is the Crime of Burglary in Virginia?
There are precise elements of a burglary crime in the Commonwealth of Virginia. In order to be guilty of burglary, an individual must do the following:
- Break and enter into someone’s home
- Break in at night
- Break in with the intent to steal something or to commit a felony or larceny crime
Under Virginia Code Section 18.2-89, there are two types of felony charges that can arise when a burglary is committed. They are:
- Class 3 felony. Burglary is generally charged as a Class 3 felony. If convicted, the sentence can include 5 to 20 years in prison and a $100,000 fine.
- Class 2 felony. If the accused was armed with a deadly weapon at the time of the burglary, it is a Class 2 felony crime punishable by 20 years to life in prison and a $100,000 fine.
Statutory Burglary in Virginia
There are three ways to commit statutory burglary in Virginia. They include:
- Breaking and entering into a dwelling with the intent to commit murder, rape, robbery, or arson is a Class 3 or Class 2 felony, depending on whether the person had a deadly weapon under Virginia Code Section 18.2-90. The punishment can be 5 to 20 years in prison and a $100,000 fine.
- Breaking and entering into a dwelling with the intent to commit larceny, assault and battery, or arson is statutory burglary with a punishment of up to 20 years in prison or up to 12 months in jail and/or a $2,500 fine under Virginia Code Section 18.2-91.
- Breaking and entering into a dwelling with the intent to commit a misdemeanor other than trespass or assault and battery is another statutory burglary crime under Virginia Code Section 18.2-92. The sentence can include one to five years in prison, jail sentence of up to 12 months, or a fine of up to $2,500.
It’s important to retain an experienced criminal defense attorney if you have been charged with burglary or statutory burglary in Midlothian. To discuss your criminal charges and how we can provide you with an aggressive defense, call the Quest Law office to schedule a consultation today.