Hampton Roads Burglary Penalties

Burglary charges are serious offenses in Hampton Roads. Hampton Roads burglary penalties can be serious if the person is convicted. A person should seek an experienced lawyer to determine the best course of action. A knowledgeable theft defense lawyer can help a person go through this process and prepare a defense strategy.

Degrees of Burglary

There are a couple of different ways that burglary is defined in the code section. There are several degrees of burglary including, burglary with intent to commit a larceny; burglary with the intent to commit assault and battery; or burglary with the intent to commit murder, rape, robbery or arson. There are different categories. Within those categories, it depends on whether or not a person used a deadly weapon to commit the burglary, like a gun or a knife. Those affect the penalty a person is looking at, which can range from five years to a Class two felony, which is life in prison.

Severity of Penalties

Burglary is considered a felony. The specific penalty depends on what rate of burglary it is, for example, if a person commits burglary with the intent to commit a misdemeanor other than larceny or assault and battery. If a person is just staying there overnight, then it is a Class six felony, which is up to five years. If a person breaks into a house to commit a larceny, like when a person is going to steal something or commit assault and battery or another felony crime, it is punishable by up to 20 years in prison. If a person breaks in to commit a murder, rape, robbery, or arson, those are Class three felonies, which means 5 to 20 years in prison. If a person is using a deadly weapon for any of those, it is a Class two felony, which can be punishable by up to life in prison.

Aggravating Factors for Burglary

The things the judge will look at are the person in the case and a person’s relationship to the person, like whether this person is a stranger, known to them or a family member to determine any aggravating factors considering penalties for Hampton Roads burglary. They look at what the person was allegedly going to do, their intent to do, the damage they caused, what they took from the house, and their criminal record. If they have a spotless criminal record, it is going to help them. If they have a history of burglary or larceny charges, the judge is not going to look kindly upon them. Those are the major ones that the judge looks at.

Long-Term Consequences of a Conviction

Many of these theft charges are felony charges. It depends on the value of the item taken. If it is more than $500, it can be a felony. Even if it is a misdemeanor theft charge, these are the types of charges that will keep a person from getting a job. When employers do background checks and see that they have a charge of stealing, they are not going to trust them.  They are going to see the theft charges and not trust them. A person wants an attorney who will be with them and do everything they can to minimize the damage.

Benefits of a Lawyer

A Hampton Roads burglary lawyer can answer a lot of the person’s questions and put them in the best situation possible before they go before the judge. Most people who are charged with crimes do not have a lot of experience in front of a judge. They are not going to know how to approach a case, what the rules of evidence are, and how they are supposed to ask questions in a manner that is acceptable to a court. An attorney can do that and can give a person a chance to get their case dismissed.