Criminal trespass is when you enter someone's property without authorization, either at a prohibited time or onto property you are not allowed to enter at all.
Method Of Entry One difference between Breaking and Entering and Burglary in Virginia is the method of entry. An offender can be convicted of a Breaking and Entering charge in Virginia if he enters the structure at night, breaks and enters during the day or night, or enters and hides. An offender can only be convicted of Burglary in Virginia under Va. Code 18.2-89 if he both breaks and enters a dwelling house. Location An offender can be convicted of Breaking and Entering a dwelling house or a business, but an offender can only be convicted of Burglary in Virginia under Va. Code 18.2-89 if he breaks and enters a dwelling house. Time of Day A Breaking and Entering in Virginia can occur at any time, day or night, but a Burglary in Virginia can only be committed at night. Intent Another difference between Breaking and Entering and Burglary in Virginia is the intent of the offender. There are several Breaking and Entering charges in Virginia which require intent to commit Rape, Robbery, Murder, Arson, Larceny, Assault and Battery, another felony, or a misdemeanor besides Assault and Battery or Trespass. Burglary in Virginia, however, requires an intent to commit a larceny or felony. Penalties Breaking and Entering to commit Rape, Robbery, Murder or Arson is punished with 5-20 years in prison and a fine up to $100,000. Breaking and Entering to commit Larceny, Assault and Battery or other Felony is punished with 1-20 years in prison and a fine up to $2,500. Breaking and Entering to commit a misdemeanor other than Assault and Battery or Trespass is punished with 1-5 years in prison and a fine up to $2,500. Burglary in Virginia, however, is a Class 3 felony, punished with 5-20 years in prison and a fine up to $2,500. Both Breaking and Entering and Burglary in Virginia can be elevated to Class 2 felonies if the offender was armed with a deadly weapon at the time of the offense. A Class 2 felony is punished with 20 years up to life in prison and a fine up to $100,000.
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. 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. 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. 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. 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.
But there was a No Trespassing sign What*s worse than a criminal stealing your things? That same criminal suing you in a personal injury lawsuit, too. What if there is a sign warning people to trespass at their own risk * do they still have a lawsuit if they were warned? Yes. For example, North Carolina Man Edwin Smith was shot with his own shotgun booby trap, and then told 911 *the squirrels did me in.* (To be fair, he was trying to feed the squirrels at the time his trap went off. If they hadn*t been hungry, none of this would have happened.) Mr. Smith was serious about defending his property; he constructed a large sign that warned *crackheads, drug dealers and illegal aliens* not to trespass. The sign wouldn*t have made any difference in a trespasser*s ability to seek compensation for injuries. Why can a trespasser sue me? If Mr. Smith*s trap had fired on a trespasser, and injury or wrongful death had resulted, then Federal and State laws would have not been on his side. In such a Denver case, Mr. Connaghan took the law into his own hands with a booby trap after becoming frustrated with the lack of police response to multiple break-ins. The community was more than sympathetic because Mr. Connaghan*s trap killed a violent skinhead who had stolen from him multiple times * but Mr. Connaghan ultimately paid nearly $10,000 in fines, spent six years in probation and pleaded guilty to manslaughter. He said he was deeply sorry for what had happened and he regretted the trap, which had been the wrong solution to the problem. Even in Florida*s Stand Your Ground law, there is no provision for being able to use deadly force (or a booby trap delivering deadly force) to protect property. A person may be justified in using deadly force if either they believe such force is necessary to prevent imminent death or great bodily harm to himself or herself, or another; to prevent a forcible felony; or such force is used from within their dwelling, residence or vehicle. Even if it seems wrong that your intruder could sue you for bodily harm caused by a spring gun or booby trap on the other end of their choices, they can. In 1971*s Katko v. Briney, the intruder Katko prevailed against Briney after Briney*s spring gun set-up left him with severe shotgun wounds. The Supreme Court ruled that using deadly force on unoccupied property was neither reasonable or justified, and the plaintiff*s status as a trespasser was irrelevant when assessing liability. Simply put, the law puts a higher value on human safety than property. Other good reasons to not use booby traps Also consider that booby traps are a hazard for fire and police, children, trick-or-treaters, and those seeking emergency shelter*not to mention owners who forget to deactivate their own traps.
When can I go back to a store after a shoplifting charge? When can I go back to Walmart? As part of our criminal defense practice, we have represented many people who have been accused of shoplifting at Walmart. Cases often resolve through some type of resolution that ultimately dismisses the case. Once a case is dismissed by the Court, the Court's "conditions of release" or "no contact order" are no longer in place. In other words, once a case is dismissed, the Court no longer has jurisdiction to direct an individual to not go to Walmart - or wherever they were previously banned from. However, a dismissal by the Court does not necessarily mean that you can return to Walmart. Once a case is resolved, and typically dismissed, people frequently ask us when they can return to Walmart. While the Court no longer has authority to ban you from the store, the store itself may have a trespass order against you. So if the Court's order is gone, the specific store may still have a valid trespass order against you. The order that is in effect by the store controls - it does not matter that the case has been dismissed. If you are in this situation, the safest way to determine if they have an order in effect prohibiting you from entering the store is to have an attorney write them a letter. Ask for a letter back in response to that question, so that you have something in writing. It should be directed o the stores loss prevention team. Don't risk calling the store yourself, because that could be a violation of the order for which you could be prosecuted. I use Walmart as an example, but it is the same question for any retail store that a person has been trespassed from, and the Court has told them that they are prohibited from going there. . .
Background-why you might need expungement As people may know, expungement is a tool that permits people to erase criminal histories in state and local criminal history records. It is available mostly to those who have been either charged but never convicted, or convicted of relatively low level offenses like shoplifting, simple assault rather than aggravated assault, defiant trespass and the like. One warning for people who have immigration issues, the Federal government does have access to records that may have been blocked by state or local authorities, so you should consult with an immigration attorney to see whether an expunged offense needs to be reported or not. People planning to enter law enforcement or to practice law will also be required to report arrests or convictions regardless of an expungement. The relevant legal provision is NJSA 2C:52-1 through 52-32. Who may seek expungement? Under present law, ten years must have passed from the date of completion for your conviction (not the date of conviction) while only two years need pass for convictions in municipal court. If you were arrested but never convicted, and the charge dismissed, then you can apply immediately. Only three petty disorderly or disorderly persons charges can be dismissed, and you can only use an expungement one time. Serious crimes are not subject to expungement, Motor vehicle charges are also not subject to expungement. This includes convictions for DUIs.
EXPUNGEMENT AND THE EFFECT OF A CRIMINAL RECORD If you've ever applied for a job or filled out a housing application, you've likely encountered the question, "Have you ever been arrested for or convicted of a criminal offense?" Those with an arrest or conviction in their past can have a harder time facing some of those usual life changes. One way to make the process easier is to get your record expunged. But what does that mean exactly? THE EFFECT OF HAVING A CRIMINAL RECORD A criminal record, even one that did not result in a conviction, can be a serious barrier to many opportunities in life, especially with regard to employment. One study found that 73% of employers conduct criminal background checks for all job applicants. In fact, the majority of credible empirical research indicates that a criminal record has a significant negative effect on the hiring outcomes of ex-offenders. One study suggests that the negative effect of a criminal record with regard to hiring outcomes is even greater for blacks or African Americans. WHAT IS EXPUNGEMENT? Expungement is basically the legal process by which all records pertaining to a particular criminal and/or serious traffic case are removed from the public domain and destroyed. The records that are subject to an expungement order include those maintained by the Court, the Office of the State's Attorney, local law enforcement agencies, the Criminal Justice Information System, and others entities as applicable. WHAT RECORDS CAN BE EXPUNGED? The final disposition or outcome of a case determines if and when a criminal record can be expunged. Unfortunately, a guilty finding cannot be expunged absent a pardon from the Governor. On the other hand, a disposition of nolle prosequi, stet, probation before judgement, and not guilty can be expunged, depending in some cases on how much time has elapsed since the date of disposition or when the case was decided. For example, if a nolle prosequi (i.e., a dismissal) was entered in your case as to the sole charge or all charges, then you may immediately file for an expungement unless you have any pending criminal and/or serious traffic charges. WHAT ABOUT RECORDS THAT CANNOT BE EXPUNGED? As discussed above, a guilty finding cannot be expunged absent a pardon from the Governor. However, Maryland recently adopted a new law called the Second Chance Act, part of which allows you to "shield" certain criminal records that contain a guilty finding from the general public. Under the new law, guilty findings for the following offenses are subject to shielding: disorderly conduct, disturbing the peace, failing to obey the order of a law enforcement officer, malicious destruction of property, trespassing on posted property, possessing a controlled dangerous substance, possession of drug paraphernalia, driving without a license, driving while suspended, and driving while uninsured. There are, of course, certain limitations and conditions with regard to shielding. Therefore, you should consult a criminal defense attorney to see if your case is eligible for shielding. DO I NEED AN ATTORNEY FOR AN EXPUNGEMENT? While an attorney can assist you in many ways with regard to expungement, hiring one is not necessary. An attorney can help you by correctly completing the necessary paperwork, reviewing your criminal record for expungement eligibility, and ensuring that each government agency involved with your case has complied with the order for expungement. However, many folks do not hire attorneys for an expungement and are able to complete the process on their own.