Burglary is a serious felony offense under Virginia law and is punishable by extensive time in prison. If you have been charged with burglary or a related theft offense, you will want to speak with a Mecklenburg burglary lawyer as soon as possible. Karin Riley Porter is well-versed in Virginia criminal law and will seek the most beneficial outcomes to your case.
Burglary, as defined by the Code of Virginia § 18.2-89, requires an individual to have entered or broken into someone’s home at night with the intention of stealing or committing a felony. Because the law is so specific, many offenses similar to burglary, such as entering without breaking into a person’s house during the day, would not be held as burglary according to this statute.
Virginia law also establishes prohibitions against burglary-like offenses, known as statutory burglary, and the penalties for these actions are often as severe as those associated with burglary.
Under Va. Code Ann. § 18.2-90 and §18.2-91, a person can commit statutory burglary by doing any of the following:
In the case of statutory burglary, the home is not required to be a house or apartment. Rather, any structure that is used as a dwelling, such as a vehicle, trailer, railcar, or boat, would be considered a home. Burglary and statutory burglary, along with other burglary-related offenses like possessing burglary tools with the intention of committing burglary, are all grave felony offenses that could require the assistance of a qualified Mecklenburg County attorney.
Burglary is categorized as a Class 3 felony, incurring a penalty of five to 20 years in prison and up to $100,000 in fines. If someone is armed with a deadly weapon and commits burglary, the offense is raised to a Class 2 felony punishable by anywhere from a 20-year sentence to life imprisonment, in addition to the fines. This applies whether the burglary was a standard offense or statutory.
For example, when a person commits statutory burglary with the intention of committing a felony such as rape, murder, robbery, or arson, the crime is also categorized as a Class 3 felony with a prison term ranging from five to 20 years and fines up to $100,000. Committing statutory burglary while armed with a deadly weapon would likewise elevate the charge to a Class 2 felony, punishable by 20 years to life in prison plus fines up to $100,000.
Facing these charges can be frightening, but a skilled Mecklenburg lawyer could mount a strong defense in a burglary case to fight on the accused’s behalf in court.
No matter what kind of burglary offense you have been charged with, an experienced Mecklenburg burglary lawyer could help you reduce or avoid the penalties associated with this offense and offer some measure of comfort throughout the legal process. Call Price Benowitz today to set up an initial case evaluation and learn more about what we could do for your case.
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