In Virginia, burglary can be charged as a common law or statutory burglary crime. These offenses are always a felony, which comes with much more severe punishments than a misdemeanor. If you are convicted, you could be sentenced to a lengthy prison sentence and a large fine and could face the long-term consequences of having a permanent criminal record.
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Being charged with burglary in Virginia means facing a felony on the books, and the fear of what comes next can be overwhelming. You do not have to sort through the charges, court dates, or what the case means for your future by yourself. Our Norfolk criminal defense team is ready to sit down with you and explain exactly what you are up against.
Schedule A ConsultationWhat Is Common Law Burglary?
Under Virginia Code §18.2-89, very specific requirements must be met for a person to be charged with common law burglary. They include:
- There must have been an unlawful breaking and entering.
- The breaking and entering must have been into a dwelling place of another.
- The breaking and entering must have occurred during the nighttime, which is defined as 30 minutes after sunset and 30 minutes before sunrise.
- The accused must have intended to commit a felony or a larceny, i.e., a theft.
A person would be charged with a Class 3 felony unless they were armed with a deadly weapon. If they possessed a deadly weapon, the charges would be elevated to a Class 2 felony. If convicted, they could face these punishments:
- Class 3 felony: 5 to 20 years in prison and a fine of up to $100,000
- Class 2 felony: 20 years to life in prison and a fine of up to $100,000
Key Takeaways
What To Know About Common Law And Statutory Burglary In Virginia
Virginia burglary law is more layered than most people expect, and the specific statute involved can make a real difference in the penalties you are facing.
- Common law burglary under Virginia Code Section 18.2-89 requires breaking and entering a dwelling at night with intent to commit a felony or larceny.
- Statutory burglary under Sections 18.2-90 through 18.2-92 covers entering other structures, at any time, with intent ranging from murder to a misdemeanor.
- Every form of burglary in Virginia is a felony, with sentences ranging from about 1 year up to life in prison depending on the intended crime.
- Being armed with a deadly weapon during a burglary elevates the charge to a Class 2 felony, punishable by 20 years to life in prison.
Three Types of Statutory Burglary Crimes
Statutory burglary offenses were created to make burglary a crime in situations that do not fall within the strict common law definition of this crime. There are three types of statutory burglary offenses in Virginia.
Breaking and Entering With Intent to Commit Murder, Rape, Robbery, or Arson
Under Virginia Code §18.2-90, breaking and entering with the intent to commit murder, rape, robbery, or arson is a Class 3 felony unless a deadly weapon is used, in which case it would be a Class 2 felony. The punishments would be the same as for common law burglary.
A Burglary Charge Can Change Your Future. Let Us Help You Fight It.
Whether you are accused of breaking into a home at night or entering a building to commit a lesser offense, a burglary conviction in Virginia can carry years in prison and a permanent felony record. Our attorneys have defended Hampton Roads clients against these exact charges and will walk you through every stage of your case before you decide anything.
Schedule A ConsultationBreaking and Entering With Intent to Commit Larceny, Assault and Battery, or Another Felony
Virginia Code §18.2-91 makes it a burglary offense to break and enter into a dwelling house to commit a larceny, assault and battery, or another felony other than murder, rape, robbery, or arson. The punishment is 1 to 20 years in prison. However, the judge or jury deciding the case has the discretion to sentence the defendant to up to 12 months in jail and/or a maximum fine of $2,500. The crime would be elevated to a Class 2 felony if a deadly weapon was used while committing the crime.
FAQs
Burglary Charges In Virginia: Questions Norfolk Clients Ask Us Most
Virginia treats every form of burglary as a felony, and the specific statute involved can significantly affect your case. Here are straight answers to the questions we hear most from Norfolk clients facing these charges.
What is the difference between common law and statutory burglary in Virginia?
Common law burglary under Virginia Code Section 18.2-89 requires breaking and entering a dwelling at night with intent to commit a felony or larceny. Statutory burglary, covered under Sections 18.2-90 through 18.2-92, expands this to other structures at any time of day, with intent ranging from murder to a misdemeanor.
How is nighttime defined for a common law burglary charge in Virginia?
Virginia law defines nighttime as beginning 30 minutes after sunset and ending 30 minutes before sunrise. This window matters because common law burglary under Section 18.2-89 requires the breaking and entering to happen during that specific timeframe, unlike most statutory burglary charges.
What are the penalties for a burglary conviction in Virginia?
Penalties depend on what you allegedly intended to do once inside. Common law burglary and burglary to commit murder, rape, robbery, or arson are Class 3 felonies carrying 5 to 20 years in prison and up to a $100,000 fine. Burglary tied to a lesser felony or a misdemeanor can carry a shorter sentence, but it remains a felony charge.
Does having a weapon during a burglary increase the charges in Virginia?
Yes. Under every burglary statute in Virginia, being armed with a deadly weapon while breaking and entering elevates the offense to a Class 2 felony, punishable by 20 years to life in prison and up to a $100,000 fine. This enhancement applies whether the underlying charge is common law or statutory burglary.
Breaking and Entering With Intent to Commit a Misdemeanor
It is a Class 6 felony to break and enter into a dwelling house that is occupied during the day or night with the intent to commit a misdemeanor other than assault and battery or trespass under Virginia Code §18.2-92. If convicted, an individual could be sentenced to one to five years in prison or a jail sentence of up to 12 months and/or a fine not to exceed $2,500. Like other burglary offenses, the crime becomes a Class 2 felony if a deadly weapon is used.
Were you charged with a burglary crime in Virginia Beach or Norfolk? Our knowledgeable and dedicated criminal defense lawyers can mount a strong defense strategy for you to fight the charges you face. To learn more about how we can defend you, call our Norfolk office to schedule your free consultation today.
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Talk To A Virginia Burglary Defense Attorney Near You
When you are facing burglary charges in Virginia, having a Norfolk law office close by makes it easier to get answers fast. Our office sits in the heart of downtown Norfolk, minutes from the courts and easy to reach whether you are calling about your case or coming in to talk through your options.
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Tavss Fletcher – Norfolk Office
555 E. Main St, Suite 1400
Norfolk, VA 23510