In Virginia, burglary is defined as unlawfully entering the property of another person with the intent to steal, rape, kidnap, or engage in any other illegal action. This crime can happen in many places, like homes, businesses, mobile homes, and RVs used for vacations. If you are caught attempting or committing such an act, you will likely face burglary charges.
If you are facing burglary charges, you must talk to an experienced Virginia burglary lawyer immediately. They can protect you from serious effects. An experienced lawyer can help you through the legal process, explain your rights, and come up with a defense plan that fits your specific case.
A Common Misconception About Breaking and Entering
A lot of people think that "breaking and entering" only means breaking a window or pushing a door open. However, Virginia law considers any direct entry into a property to be breaking and entering, even if it only means pushing open a door that isn't locked. If things are stolen after the break-in, this first part of burglary can lead to charges.
In Virginia, being charged with burglary can result in severe penalties. Most burglary offenses are classified as Class 3 felonies, which can carry a prison sentence of up to 20 years and a fine of up to $100,000. However, if the burglary is committed with a dangerous weapon, whether hidden or visible, the charge escalates to a Class 2 felony. This more serious charge carries a potential sentence of 20 years to life in prison as well as a fine of up to $100,000.This more serious charge can lead to a prison sentence ranging from 20 years to life and a fine of up to $100,000.
One key difference between burglary and robbery is that burglary typically does not involve physical harm to anyone. In most burglary cases, the thief and the victim do not come into direct contact. Additionally, being charged with burglary does not necessarily mean that property was stolen. "Statutory Burglary" is a more serious offense involving breaking and entering with the intent to commit crimes such as murder, rape, or arson.
In Virginia, statutory burglary charges depend on specific details about the crime and the suspect's intentions to commit additional offenses. This crime can occur in a home or any other building where people are present. If a suspect plans to commit murder, rape, robbery, kidnapping, arson, or assault and battery, statutory burglary charges may apply, according to the Virginia Criminal Code.
In Virginia, a Class 3 felony can lead to a prison sentence of five to twenty years and a fine of up to $100,000 upon conviction. However, in more serious cases, a Class 2 felony might be charged, carrying a prison sentence of 20 years to life and a fine of up to $100,000. The offense's classification depends on the case's specifics and the defendant's criminal history.
A Class 6 felony is committed by entering a building without being armed and with the intent to commit a nonviolent misdemeanor. For this offense, you could get a fine of up to $2,500 or go to jail for up to five years, depending on your choice. Section 18.2-92 says that the charges go up to a Class 2 felony if the person who did it is armed.
Entering a bank illegally while armed with a deadly weapon, with the intent to commit robbery, is a serious crime. This offense is classified as a Class 2 felony, resulting in a prison sentence of up to 20 years to life and a fine of up to $100,000. Actual bank robbery is a separate offense. It is important to remember this.
Everyday law In Virginia, burglary is not the same as statutory burglary. To prove common law burglary, the prosecution must demonstrate that someone unlawfully entered another person's home at night (between 30 minutes after sunset and 30 minutes before sunrise) intending to steal or commit a felony. According to Section 18.2-89 of the Virginia Code, common law burglary is classified as a Class 3 felony, resulting in a prison term of five to twenty years and a fine of up to $100,000.
An experienced Virginia burglary lawyer can use various defenses based on the specifics of your case. One such defense is the "true owner" defense or the "erroneous takings rule." This defense allows you to demonstrate that you have a rightful claim to the property in question or that you were attempting to reclaim your own property. If your lawyer can prove that you were the legitimate owner trying to retrieve property taken without your permission, this could be an effective defense strategy.