In Virginia, burglary is defined as breaking and entering into a private dwelling house at nighttime with the intent to commit a felony or any larceny (theft) therein. This crime closely mirrors the original definition of the crime, which we inherited from the common law of England.
Crimes carried out in the daytime, in structures other than abodes, and offenses including certain predetermined violations, (for example, strike, battery, or murder), are classified “statutory thefts,” since they are unique laws composed by Virginia administrators, instead of forms of conventional English law. Statutory robberies are portrayed further beneath. (Va. Ann. Code § 18.2-89.)
What’s more, home attack is anything but a different wrongdoing from thievery or statutory theft, yet rather a particular name for a robbery (or statutory thievery) that happens in a home. Home intrusion is rebuffed with respect to theft or statutory thievery, as indicated by the basic conditions of the wrongdoing, as depicted beneath.
Burglary is usually a Class 3 felony, which incurs a fine of up to $100,000, up to 20 years in prison, or both. However, the offense increases to a Class 2 felony when the defendant was armed with a deadly weapon at the time of entry. (Va. Ann. Code § 18.2-89.)
Statutory burglary offenses were created to address crimes that did not fall into the traditional burglary definition, as described above.
They are broken into several categories, based on whether there was breaking and entry (or only unlawful entry), what time of the day or night the crime occurred, what kind of building was involved, and the crime that the defendant intended to commit once inside the building.
Murder, rape, robbery, or arson. A defendant who enters a dwelling without breaking at night time, or breaks and enters a dwelling (or enters and conceals himself in a dwelling) in the daytime with the intent to commit a murder, rape, robbery, or arson inside the house, is guilty of a Class 3 felony. The offense increases to a Class 2 felony if the defendant was armed with a deadly weapon at the time of entry.
Additionally incorporated into this category are offenses including a litigant who enters without breaking, at evening; or who breaks and enters (or enters and hides himself) whenever of day or night; when the building is any forever appended realty, (for example, a place of business, however not, for instance, a tent), any ship or water vessel, a railroad auto, or any motor vehicle that is utilized as a human abiding, (for example, a RV or changed over van); with the expectation to submit a murder, rape, robbery, or arson inside the structure. Statutory theft under these conditions is additionally a Class 3 crime, expanding to a Class 2 lawful offense if the litigant was outfitted with a lethal weapon at the season of passage. (Va. Ann. Code § 18.2-90.)