{"id":376909,"date":"2018-05-17T15:59:04","date_gmt":"2018-05-17T20:59:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-burglary-laws.html"},"modified":"2018-05-25T13:36:07","modified_gmt":"2018-05-25T18:36:07","slug":"virginia-burglary-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-burglary-laws.html","title":{"rendered":"Virginia Burglary Laws"},"content":{"rendered":"\n
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Virginia Burglary Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Traditionally, burglary<\/a> is defined as "a breaking and entering of a dwelling at night with the intent to commit a felony or a larceny (theft)<\/a> inside." Virginia law recognizes this common law definition. However, the state expands the scope of its burglary laws by categorizing similar offenses as "statutory burglary." These offenses are based on the specific circumstances and the actor's intent during the burglary. For instance, there's one classification of statutory burglary that involves an actor who intends to murder, rob, rape, or commit arson; another classification is for intended larceny, assault and battery, and other felonies.<\/p>\r\n

Virginia Burglary Laws at a Glance<\/h2>\r\n

While it's pivotal to understand every part of a statute (which is the job of an attorney), it's also important to realize that a presentation of the statutes written in everyday language provides a great way to gain basic familiarity with the law. The chart below provides a synopsis of Virginia's burglary laws.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Burglary Offenses<\/b><\/p>\r\n<\/td>\r\n

Burglary<\/b><\/p>\r\n

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  • Elements of the crime: the individual breaks\/enters the home of a person at night with the intent to steal something or commit a felony.<\/li>\r\n
  • Penalty: Class 3 felony, punishable by 5-20 years in prison. With a deadly weapon: Class 2 felony, punishable by 20 years- life imprisonment.<\/li>\r\n<\/ul>\r\n

    Statutory Burglary<\/b><\/p>\r\n

    Intent to commit murder, rape, robbery, or arson<\/b><\/p>\r\n

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    • Elements of the crime: An individual commits a burglary at night without "breaking in" or during the day by "breaking and entering" with the intent of committing a murder, rape, robbery, or arson.<\/li>\r\n
    • Penalty: Class 3 felony, punishable by 5-20 years in prison. With a deadly weapon: Class 2 felony, punishable by 20 years- life imprisonment and\/or a fine up to $100,000.<\/li>\r\n<\/ul>\r\n

      Intent to commit larceny, assault and battery, or other felony<\/b><\/p>\r\n

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      • Elements of the crime: An individual commits a burglary at night without "breaking in" or during the day by "breaking and entering" with the intent to commit larceny, assault and battery, or other felony.<\/li>\r\n
      • Penalty: 5-20 years in prison and\/or fines up to $100,000. With a deadly weapon: 20 years-life in prison and\/or a fine up to $100,000.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Possible Defenses<\/b><\/p>\r\n<\/td>\r\n

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  • Mistake of fact<\/li>\r\n
  • Lack of intent<\/li>\r\n
  • Intoxication<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Related Offenses<\/b><\/p>\r\n<\/td>\r\n