What is the Penalty for Burglary in Virginia?

According to the criminal code of Virginia, burglary crime is covered under Title 18.2, Chapter 5, and Section 18.2-89 through 18.2-94. The code of Virginia considers burglary to be a felony offense, with even harsher penalties administered when the culprit is armed with a deadly firearm or a weapon. Virginia also has a much precise definition of burglary, but compensates by grouping a number of alike crimes under “statutory burglary.” Section 18.2-90; 18.2-91. Any crimes which are listed below, if the culprit is or was armed while committing the crime, then the person is already guilty of a Class 2 felony.

There are three different ways to commit statutory burglary, distinguished by the circumstances surrounding the burglary-like activity and by which crimes the perpetrator intended to commit.

How Burglary happens?

Statutory burglary applies if any individual, regarding a home or any structure where people are living, (a) enters without breaking at night, (b) breaks and enters during the day, (c) enters and conceals him- or herself in a home or adjoining structure, or (d) enters with or without breaking and conceals him- or herself in any structure used as a home, with either:

  • Intent to steal anything or engage in any felony other than murder, rape, robbery, or arson, or;
  • Intent to murder, rape, violently rob, or commit arson, or;
  • Intent to commit assault and battery.

If an individual’s actions fall under any of (a) to (d) described above and the individual’s intent was murder, rape, robbery, or arson, then the individual is guilty of statutory burglary as a Class 3 felony. Section 18.2-90. The individual would then face a felony conviction with five to 20 years in prison and possibly a fine of up to $100,000. Section 18.2-10(c).

If an individual’s actions fall under any of (a) to (d) described above and the individual’s intent was to steal anything (larceny) or commit any other felony, then the individual is guilty of statutory burglary with a prescribed penalty of one to 20 years in prison OR, with jury/court discretion, a lessened penalty of up to 12 months in jail and/or a fine of up to $2,500. Section 18.2-91.

If an individual’s actions fall under any of (a) to (d) described above, or breaking and entering at night, and the individual’s intent is to commit assault and battery, then the individual is guilty of statutory burglary with a prescribe penalty of one to 20 years in prison OR, with jury/court discretion, a lessened penalty of up to 12 months in jail and/or a fine of up $2,500. Section 18.2-91.

If an individual is guilty of statutory burglary and the individual was armed with a deadly weapon during the crime, then the individual is guilty of a Class 2 felony. Section 18.2-90; 18.2-91. The individual would then face 20 years to life in prison and possibly a fine of up to $100,000. Section 18.2-10(b).