Is Burglary a Felony in Virginia?

Burglary, also known as breaking and entering, means a forced entry into a building to commit an illegal act. The intended illegal act is usually theft, but the forced entry may also be for the purposes of murder, rape, or arson, and thus carry additional severe penalties.

Virginia perceives two kinds of burglary (under Code 18.2): custom-based law and statutory. Customary law burglary is characterized as illegally going into someone else’s home during the evening time, which is characterized as 30 minutes after dusk and 30 minutes before dawn. The most punctual custom-based law meaning of burglary necessitated that the offense be submitted during the evening, in spite of the fact that that isn’t presently required in all states. To anchor a conviction for this offense, it must be demonstrated that the building having a place with someone else was without a doubt broken into, that the break-in happened during the evening, and that the motivation behind the break-in was to submit a lawful offense. In the event that the interloper broke in with a fatal weapon, the offense is outfitted burglary. The punishments for the wrongdoing of precedent-based law burglary, which is a Class 3 lawful offense in Virginia, are 5-20 years in jail and additionally a $100,000 fine. Whenever furnished customary law burglary is submitted, the crime progresses toward becoming Class 2 and the jail time is 20 years to life and additionally a fine of $100,000.

There are three kinds of statutory burglary in Virginia, and they all utilization the expression “breaking and entering.” Breaking is characterized as picking up section using power, regardless of how slight. Genuine breaking implies utilizing power for passage. Valuable breaking implies that slyness, dangers, or different insidious means were utilized to let the gatecrasher inside. Entering implies that a piece of the gatecrasher’s body, even only a hand, has entered the building illegally.

The three types of statutory burglary are:

  • Breaking and Entering with Intent to Commit Murder, Rape, Robbery or Arson (Code
    2-90). The punishment for conviction is 5-20 years in prison and a fine of up to
    $100,000.
  • Breaking and Entering with Intent to Commit Larceny, Assault and Battery, or
    Felony Other Than Murder, Rape, Robbery, or Arson (Code 18.2-91). The crime of
    arson has been expanded in most states. Actual burning is no longer
    necessary; smoke or soot damage can be defined as the crime of arson. The
    punishment for conviction is 1-20 years in prison or a jail sentence of up to 12
    months, and/or a fine up to $2,500.
  • Breaking and Entering a Dwelling House with Intent to Commit a Misdemeanor
    Other Than Trespass or Assault and Battery (Code 18.2.92). The punishment for
    conviction is 1-5 years in prison, a jail sentence of up to 12 months, and/or a
    fine up to $2,500.