Proof of Burglary Charge in Virginia
A Burglary charge in Virginia (Va. Code 18.2-89) is often confused with other charges, but it is actually a very specific crime. There are several elements the Commonwealth must prove to convict someone of a Burglary charge in Virginia. These elements are described in the legal guide below.
Breaking and EnteringProof of a breaking and entering is required for a Burglary conviction n Virginia. "Breaking" means using force without permission to gain entry. The force does not need to cause damage to be considered a "breaking."
The breaking can be "actual" or "constructive". "Actual breaking" is physically breaking into a dwelling home. "Constructive breaking" is gaining entry into a dwelling home by using threats, fraud or conspiracy.
"Entry" means an intrusion into the interior space of a dwelling house. The act of entering a dwelling house at night with the required intent completes the Burglary.
Dwelling HouseA Burglary in Virginia can only occur if the offender committed a breaking and entering of a dwelling house. A structure is considered a "dwelling house" if a person usually lodges there at night.
Another Person's HomeThe Commonwealth must prove that the dwelling house entered belonged to another person in order to convict an offender of a Burglary charge in Virginia under Va. Code 18.2-89.
NighttimeBurglary in Virginia can only be committed at nighttime. For purposes of a Burglary charge in Virginia under Va. Code 18.2-89, nighttime is the time between dusk and dawn.
IntentA Burglary charge in Virginia requires proof that the offender intended to commit a larceny or felony within the dwelling house. The larceny or felony does not need to actually be committed to convict an offender of a Burglary charge in Virginia under Va. Code 18.2-89. What is required is that the Commonwealth prove that he had the required intent to commit a larceny or felony.
Additional resources provided by the author
- Burglary in Virginia
- Constructive Breaking by Threat in Virginia
- Constructive Breaking by Fraud in Virginia
- Constructive Breaking by Conspiracy in Virginia
- Deadly Weapon in Virginia
- Possession of Burglary Tools in Virginia
- Burglary Definition in Virginia
- Difference Between Breaking and Entering and Burglary in Virginia
- Burglary Charges in Virginia
- What is the Difference Between Robbery and Burglary in Virginia?
- Virginia Breaking and Entering Charges
- Virginia Larceny