If the person is unarmed and entering with the intent to commit larceny, then it is a class 3 felony. If they are armed with a deadly weapon, then it gets elevated to a class 2 felony. So it is already a serious felony but if there’s a deadly weapon involved, typically a gun or a knife, then the offense is elevated to a class 2 felony.
Burglary is the breaking into a dwelling or house with the intent to commit larceny. It is a very specific set of circumstances of burglary that are envisioned.
Looking at the code, the general assembly decided that there are certain instances where they should define burglary more specifically and more broadly. So Virginia Code Sections 18.2-90 and 18.2-91 are called statutory burglary.
18.2-90 is the more serious type of statutory burglary. It accounts for burglary in the following:
If the intent to murder, rape, robbery, or arson can be proven then it is statutory burglary which is a class 3 felony.
Common law burglary is still very serious if that person has a deadly weapon, which makes it a class 2 felony. A typical penalty for statutory burglary is 1-20 days in jail or up to 12 months in jail and a fine. So it’s that unclassified felony similar to grand larceny. But if they have a deadly weapon, even if they’re just to break in and steal stuff, or beat up somebody, or commit another felony, if there’s a weapon involved it’s still elevated to a class 2 felony.
It’s a class 3 felony but if it is committed with a deadly weapon then it becomes a class 2 felony. Retaining a Fauquier County burglary lawyer is important because they can defend and advocate for your rights in court.
No. You don’t need to commit a second felony offense to be charged with common law or statutory burglary. You simply need to have the intent to do so. That intent can be inferred by circumstantial evidence so it does not have to be direct evidence to prove that. For example, for common law burglary or statutory burglary under Section 18.2-90, if they enter the home with a map of places to start a fire or with fire starting materials, then they may be deemed to be entering a house with the intent to commit arson which means it’s a class 3 felony. They don’t have to actually begin the arson. Contact a Fauquier County burglary lawyer to move forward with your specific case.
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