Aggravating Factors of Burglary in Virginia
A person facing aggravating factors of burglary in Virginia is going to need to understand how those factors impact their case and possible penalties. There are various types of theft crimes and the penalties can be elevated due to aggravating factors.
If you are facing burglary charges, it is imperative to speak with a seasoned attorney. A lawyer has experience with the local jurisdiction and can determine the impact of aggravating factors on potential penalties.
Degrees of Burglary
There are several different degrees of burglary. Basic burglary is entering a dwelling or a house with the intent to commit larceny, assault and battery, or any other type of felony. Now, if those elements are involved plus an added element of using a deadly weapon, the charge is aggravated to Class 2 felony. The regular level of burglary involves a penalty of one year in prison, 1 to 20 years in prison if a deadly weapon is used. If a charge is elevated to a Class 2 felony, a person looking at either life in prison or 20 years.
The level of severity is aggravated and it becomes a lot more severe. The first degree of burglary is punished in terms of 1 year to 20 years in prison; the second degree of burglary, if a deadly weapon is used, that is a life in prison or 20 years in prison.
Common Aggravating Factors
There are several common aggravating factors of burglary in Virginia cases that can elevate penalties. If somebody has drugs or a gun on them during a burglary, they may face heightened consequences. If there is any destruction of property, the person injured someone on the premises, or there were signs of a felony of rape or sexual battery those are all considered aggravating factors of burglary in Virginia. These factors would increase the penalties associated with burglary.
Many of these scenarios may result in an added penalty under the Virginia sentencing guidelines. In these types of cases, the minimum sentences would be increased. There is a chance that the sentence will be suspended for felonies and misdemeanors in Virginia. The suspended time will be hanging over the person’s head for a period of time. The mandatory minimum may be imposed in certain cases that are affected by aggravating factors. If someone has any previous convictions, prison sentences, or active jail times, these aggravating factors of burglary in Virginia may be imposed.
The Virginia sentencing guidelines go by months. That period of active jail time would increase versus getting a suspended jail time will get more active jail time than suspended time.
In cases with any property damage, the person may face other charges besides burglary. Many times they will also face charges for destruction of property or conversion. Conversion is the type of tort when someone takes someone else’s property for their own use, there is a civil remedy for it. If something happens to someone’s property while the person was in the process of committing a burglary, they may face other charges and be held liable for any damages. The defendant oftentimes has to pay restitution as part of their penalties. On the civil side, they would be open to civil to liability for the tort of conversion for instance for money damages or the destruction of property.