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NoVa Burglary Lawyer

Unlike the basic offense of larceny, which may be classified as a misdemeanor depending on the value of items allegedly taken, burglary is a felony. The penalties that could stem from a conviction for theft offense like this will vary based on what occurred and if anyone was harmed or put under threat of injury.

Speaking with a NoVa burglary lawyer should be a priority before taking any action to fight allegations by yourself. Accusations could lead to surprisingly complex cases that require nuanced defense strategies. Working with an experienced theft defense attorney might be your best chance of building a rebuttal that effectively protects your best interests.

Burglary Charges and Consequences in NoVa

Code of Virginia § 18.2-89 states that any person who enters someone else’s dwelling at night to commit larceny, or a different felony offense, has committed the crime of burglary. This basic variant of this offense is considered a Class 3 felony, meaning that a person convicted under this statute might face a prison sentence of five to 20 years and a $100,000 fine.

If someone commits burglary while in possession of any deadly weapon, the severity of their criminal charge may be elevated to that of a Class 2 felony. Upon conviction, a defendant faces a minimum of 20 years of imprisonment, up to a maximum of life behind bars. There is also a potential $100,000 fine.

Representation from a burglary attorney in NoVa could be crucial when it comes to successfully contesting allegations of burglary involving the presence or use of a weapon.

Burglary Offenses Under State Law

State law defines a number of “statutory burglary” offenses which entail someone unlawfully entering a dwelling with the intent to commit a crime under any of the following circumstances:

  • Entering at night without physically breaking into the dwelling
  • Breaking and entering during daylight hours
  • Entering a dwelling and hiding inside that home or an adjoining structure
  • Entering any structure used as someone’s home, including a motor vehicle, and hiding there

In addition to the elements in a statutory burglary crime, certain offenses require additional elements that increase penalties for the convicted.

Different Class Felonies for Burglary Charges

If someone burglarizes a dwelling with the intent to commit robbery, murder, arson, or rape, they would be convicted of a Class 3 felony. According VA Code § 18.2-91, a Class 3 felony is punishable by a one- to 20-year prison sentence, or by 12 months in jail and a $2,500 fine at the discretion of the court.

Statutory burglary with the intent of committing any misdemeanor besides assault and battery is a Class 6 felony—much less severe than a Class 3 felony—as per VA Code § 18.2-92. Any form of this involving the possession or use of a deadly weapon is elevated to a Class 2 felony. A knowledgeable burglary attorney in NoVa could aid someone in determining of what specific type of crime they will likely be charged with.

Talk to a NoVa Defense Attorney Today

Because of how seriously state authorities treat these offenses, getting advice from skilled legal counsel could be essential to anyone seeking to protect their rights if facing an allegation like this. A single conviction for this felony offense could have long-lasting repercussions even if you have had a clear record your entire life.

A qualified NoVa burglary lawyer could work on your behalf to defend your rights and secure the best possible resolution for your case. Call to to discuss your situation further.

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