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5 Types of Breaking and Entering Charges in Virginia

There are several different Breaking and Entering charges in Virginia, all of which require different intent and in some cases can be committed in different ways. This legal guide discuss the various Breaking and Entering charges in Virginia, how the offenses can be committed, and their penalties.

  1. Burglary (Va. Code 18.2-89)

    Burglary in Virginia (Va. Code 18.2-89) is the breaking and entering of the dwelling house of another at night with the intent to commit a larceny or felony therein. Burglary under 18.2-89 can only be committed against a dwelling house, must occur at nighttime and requires intent to commit a larceny or felony. Burglary in Virginia is a Class 3 felony and is punished with 5-20 years in prison. If the offender committed the Burglarly while armed with a deadly weapon, the offense becomes a Class 2 felony, which is punished with a minimum of 20 years up to life in prison and a fine up to $100,000.

  2. Breaking and Entering to Commit Murder, Rape, Robbery, Arson (Va. Code 18.2-90)

    Breaking and Entering to Commit Murder, Rape, Robbery or Arson (Va. Code 18.2-90) is another one of the Breaking and Entering charges in Virginia. Breaking and Entering under Va. Code 18.2-90 is committed when a person enters a dwelling house at night, breaks and enters a dwelling house at any time of the day, or enters and hides with the intent to commit Murder, Rape, Robbery or Arson. This offense can also be committed by entering a business or other place open to the public to commit one of the listed felonies. Breaking and Entering under Va. Code 18.2-90 is a Class 3 felony, punished with 5-20 years in prison. Again, if the offender committed the entry while armed with a deadly weapon, the offense becomes a Class 2 felony, punished with 20 years up to life in prison and a fine up to $100,000.

  3. Entering Dwelling to Commit Larceny, Other Felony, Assault and Battery (Va. Code 18.2-91)

    Breaking and Entering under Va. Code 18.2-91 is committed by entering a dwelling house at night, breaking and entering a dwelling house at any time, or entering a dwelling house and hiding. The entry must have been made with the intent to commit a larceny, other felony not covered by another Breaking and Entering charge, or an Assault and Battery. This offense can also be committed by entering a public place with the intent to commit one of these crimes. Breaking and Entering under Va. Code 18.2-91 is punished with up to 20 years in prison and a fine up to $2,500. If the offender was armed with a deadly weapon at the time of the entry, the offense is punished with 20 years up to life in prison and a fine up to $100,000.

  4. Breaking and Entering Dwelling House to Commit Other Misdemeanor (Va. Code 18.2-92)

    Another one of the Breaking and Entering charges in Virginia is Breaking and Entering a dwelling house to commit a misdemeanor under Va. Code 18.2-92. This Breaking and Entering charge requires the breaking and entering of an occupied dwelling house with the intent to commit a misdemeanor other than Assault and Battery or Trespass. This offense is a Class 6 felony, punished with up to 5 years in prison and a fine up to $2,500. If entry was made while armed with a deadly weapon, the crime becomes a Class 2 felony, punished with 20 years up to life in prison and a fine up to $100,000.

  5. Entering Bank while Armed to Commit Larceny (Va. Code 18.2-93)

    Bank Burglary in Virginia under Va. Code 18.2-93 is committed when an offender enters a bank, credit union, or savings and loan institution while armed with a deadly weapon with the intent to commit larceny of money or securities. Bank Burglary in Virginia is a Class 2 felony and is punished with 20 years up to life in prison and a fine up to $100,000.

Additional resources provided by the author

https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-89
https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-90/
https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-91/
https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-92/
https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-93/
https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-10
https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-58/
https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-61
https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-32/
https://law.lis.virginia.gov/vacode/title18.2/chapter5/section18.2-78/
https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-95
https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-57/
https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-119
https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-121

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