Virginia Burglary Lawyer

Burglaries are similar to breaking and entering in Virginia, but burglary specifically only applies to breaking and entering at night. In Virginia, burglary charges are always going to be breaking and entering a home or a house where people live. They call it a dwelling place under Virginia law. It is always going to be at night with the intent to commit a larceny or felony. Breaking and entering is going to be separate, and it does not have to be at night. If you have been charged with burglary, it is vital that you speak with an experienced theft attorney. A Virginia burglary lawyer could work to build a solid defense for you.

How the Prosecution Tends to treat Burglary Charges

The prosecution treats burglaries very seriously. The idea that someone could break into a person’s house with the intent to commit a felony offense is a scary thing to the public and to juries.

Because it is so scary to an average person, prosecutors are very confident that they can convince juries to give people substantial jail time. As such, prosecutors tend to be harsher on burglary charges than they are in other types of theft offenses.

Elements of Burglary Crimes That the Prosecution Must Prove

In a burglary case in Virginia, the prosecution has to prove breaking and entering. Then, they have to prove that it is night, they have to prove that it is a home or a dwelling house, and they have to prove intent to commit a larceny or a felony. A Virginia burglary lawyer could attempt to disprove elements of the prosecution’s case.

Different Degrees of Burglary Charges

Virginia does not have degrees of burglary. Regular burglaries are just breaking and entering a dwelling of somebody else at night with the intent to commit larceny. Any theft offense is a felony. That is regular burglary.

If a person is armed with a deadly weapon at the time, it is a little bit more serious in that it is a Class 2 felony instead of Class 3. A Class 2 felony is going to be 20 to life and a Class 3 felony is five to 20. It makes it more serious in that a person could face life in prison instead of just a little bit of time.

Aggravating Factors for Burglary Offenses

There is only one aggravating factor and that is, the presence of a deadly weapon. Otherwise, it is either burglary or not burglary. Things that could potentially affect the person’s sentence afterward would be the person’s criminal record and the other charges that are added to the burglary charge.

If a burglary involves damage to somebody’s property, they will charge destruction of property, as well. The person might also have to pay restitution, depending on what the damage is. It does not change the burglary charge; it will probably add other charges.

Difference Between Burglary and Trespassing

Trespassing would be on somebody’s property. Trespassing is a misdemeanor offense. Trespassing does not involve going into somebody’s home; that would be breaking and entering. A burglary can only be at night and trespassing could be at night or during the day. With trespassing involves, the person has to have some kind of notice that they are not allowed to be there and that it is private property.

In instances of burglary, a person does not need any notice, because they just cannot go in somebody else’s house. They do not need to be on notice for that. They are extremely different. They are basically at the opposite ends of the spectrum. The only thing that they have in common is that they both involve property. Otherwise, there are no similarities whatsoever between the two of them.

Penalties for Burglary in Virginia

Regular burglary is a Class 3 felony. In Virginia, that means five years up to 20 years and potentially a fine of up to $100,000. That is for regular burglary. If it is aggravated by the fact that the person had a deadly weapon in their possession at the time of the burglary, it becomes a Class 2 felony, which is 20 years to life in prison and a fine of up to $100,000. A Virginia burglary lawyer could attempt to mitigate the penalties that an individual may face.

Importance of a Virginia Burglary Attorney

Burglary in Virginia is punishable with five to 20 years in prison. It is a very serious felony with a fine up to $100,000. With the stakes so high, it is vital that you speak with a Virginia burglary lawyer. An attorney could help you fight your charge or help negotiate a deal. The consequences are very severe in that type of situation and a skilled defense lawyer is more than equipped to advocate for you.