Law enforcement authorities in Loudoun County and throughout the Commonwealth of Virginia take allegations of burglary seriously, and state law allows courts to prosecute these offenses harshly. If you are facing a burglary accusation, understanding your rights and taking proactive steps to enforce them may be essential to preserving your long-term prospects and future freedom.
A qualified Loudoun County burglary lawyer could be an irreplaceable ally through every stage of a criminal case. Whether you have been in criminal court before or have no previous convictions, assistance from a seasoned defense attorney improves your chances of protecting yourself effectively in court and achieving a positive resolution to your situation.
Code of Virginia §18.2-89 through 18.2-94 define the basic criminal offense of burglary and several related offenses sometimes referred to as statutory burglary. As per VA Code §18.2-89, the act of burglary entails someone breaking into and entering someone else’s dwelling—whether that is a house, apartment, boat, or vehicle—at night with the intent to commit larceny or another felony within.
Importantly, prosecutors must only prove an intent to commit such a crime and some action taken in furtherance of that intent to convict someone of burglary, even if a defendant did not steal anything. It is also considered statutory burglary for someone to enter a dwelling during the daytime and remain there until night intending to commit larceny, robbery, or any other felony offense.
In addition, anyone found to have any “tools, implements, or outfit” in their possession that they intend to use to commit an act of burglary may face prosecution under VA Code §18.2-94 for possession of burglarious tools. As a burglary attorney in Loudoun County could explain, the possession of such items by anyone who is not a dealer licensed to sell them may be considered prima facie evidence of intent to commit robbery.
Several factors can impact the severity of a burglary offense, and subsequently the severity of criminal sanctions that a court may impose following a conviction. In most situations, burglary and statutory burglary are both Class 3 felonies. A conviction could result in a five to 20-year prison term as well as a maximum $100,000 fine. As per VA Code §18.2-92, breaking and entering a dwelling intending to commit any misdemeanor besides trespass or assault and battery is a Class 6 felony, and possession of burglarious tools as defined above is a Class 5 felony.
However, any person who commits any form of burglary or statutory burglary while armed with a deadly weapon has committed a Class 2 felony, which, if convicted, could allow for a prison term of 20 years to life. A knowledgeable defense lawyer could clarify what sanctions might be associated with a defendant’s specific burglary charge in Loudoun County.
Burglary charges can be prosecuted in various ways based on the circumstances, but they are always considered felonies punishable by substantial prison time. Before trying to defend yourself against such allegations, seek support from a dedicated legal professional.
A Loudoun County burglary lawyer could advocate on your behalf from an initial investigation to final sentencing in court. Call Karin Riley Porter today for a private consultation.
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