At common law, and what most people continue to assume it is, is that burglary was the breaking into a home of another person at night with the intent to commit a larceny or other felony. Because of this common misconception, most people charged with burglary don’t understand the significance of the precise kind of charge they face.
Virginia has expanded from the common law the kind of acts that constitute burglary in three other ways:
- Code § 18.2-90, statutory burglary with intent to commit murder, rape, robbery, or arson,
- Code § 18.2-91, statutory burglary with intent to commit larceny, assault and batter, or any felony besides murder rape, robbery or arson
- Code § 18.2-92, statutory burglary with intent to commit a misdemeanor except assault and batter or trespass.
The first is a Class 3 felony punishable by 5-20 years. The second is a felony punishable by either 1-20 years in a state correctional facility or a jail sentence of up to 12 months. The third is a Class 6 felony punishable by either 1-5 years in a state correctional facility or a jail sentence of up to 12 months. Sentencing will depend on a number of factors.
These differences in punishment have enormous consequences both for the current offense and for the collateral consequences beyond the immediate situation.
If you or someone you know is facing a burglary charge, contact our law office at (804) 423.1382 or at info@wmmlegal.com for a consultation. We can help.
