Burglary or Breaking and Entering in Virginia is the act of entering a dwelling or place of business with the intent to commit some other crime, such as larceny. Breaking is the act of opening an entranceway into a building. Entering is the act of going inside the building. Burglary charges cover a number of different situations with different punishments depending on the severity of the crime. Burglary in Virginia is charged and punished as follows:
- Burglary – Va. Code 18.2-89. Class 3 Felony (5 years to 20 years, fine up to $100,000) prohibits breaking and entering a dwelling in the nighttime with intent to commit a felony or any larceny;
- If the person was armed with a deadly weapon, conviction is a Class 2 Felony (20 years to life in prison and up to $100,000 fine);
- Entering Dwelling House, etc., with intent to commit murder, rape, robbery or arson – Va. Code 18.2-90. Prohibits breaking and entering any building with the intent to commit murder, rape, robbery or arson;
- Includes entry of a building at night time without breaking;
- Violation is a Class 3 Felony (5 years to 20 years, up to $100,000 fine);
- If armed with a deadly weapon, it is a Class 2 Felony (20 years to life in prison and up to $250,000 fine);
- Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony, – Va. Code 18.2-91. Including breaking and entering a building at any time or just entering a building at night with the intent to commit larceny, assault and battery, or any felony other than murder, rape, robbery, or arson;
- Conviction is a Unclassified Felony where the range of punishment is 1 day to 20 years, and up to $2,500 fine;
- If the person was armed with a deadly weapon at the time of entry into the building, conviction is a Class 2 Felony (20 years to life in prison and up to $250,000 fine);
- Breaking and Entering dwelling house with intent to commit other misdemeanor – Va. Code 18.2-92. Prohibits breaking and entering a dwelling while it is occupied, with the intent to commit any misdemeanor except assault and battery and trespass;
- Conviction is a Class 6 Felony (1 day to 5 years, up to $2,500 fine);
- If the person was armed with a deadly weapon at the time of entry, it is a Class 2 Felony (20 years to life in prison and up to $250,000 fine);
- Entering bank, armed, with intent to commit larceny – Va. Code 18.2-93. Prohibits entry of any bank with a deadly weapon with the intent to commit larceny and imposes a Class 2 Felony for convictions (20 years to life in prison and up to $250,000 fine).
