Hampton, VA Burglary Lawyer

Burglary is a serious offense in the State of Virginia. These offenses are treated harshly by the courts, and a conviction can lead to consequences that could follow a person for a lifetime.

If you have been accused of burglary, you are entitled to have a dedicated theft attorney in your corner. A Hampton, VA burglary lawyer could advocate on your behalf and help you avoid the harsh consequences of a conviction.

Defining Burglary in Hampton, VA

Virginia Code Section 18.2-89 defines burglary as the breaking and entering of another person’s dwelling at nighttime. To obtain a conviction for burglary, the prosecution must show the defendant broke in with the intent to commit a larceny or any felony. Burglary is a Class 3 felony unless the defendant is convicted of committing the crime armed with a deadly weapon. In that situation, the charge is elevated to a Class 2 felony.

A diligent Hampton, VA burglary lawyer could review the charges and help the defendant build a defense.

Understanding Statutory Burglary Charges

Statutory burglary is defined by two individual statutes. While both charges are related to breaking and entering, the difference is the crime the defendant allegedly intended to commit. Virginia Code Section 18.2-90 sets out a number of circumstances that can lead to a conviction. This statute makes it unlawful to enter the property of another person with the intent to commit murder, rape, robbery, or arson. This type of statutory burglary applies to defendants that enter the property at nighttime without breaking in or during the daytime by breaking in. This charge is a Class 3 felony unless a deadly weapon is used in the commission, which upgrades it to a Class 2 felony.

The other statute that deals with statutory burglary is Virginia Code Section 18.2-91. This statute covers the same acts detailed under section 18.2-90. The major difference is the criminal intent of the defendant, as well as the potential penalty. This statute only applies to entering a dwelling to commit larceny or any felony other than murder, rape, robbery, or arson.

The penalty for a conviction under Section 18.2-90 is punishable by at least one year in prison. The maximum sentence is 20 years behind bars. However, the jury has the discretion to instead sentence a defendant to a jail term of no more than one year and a fine of up to $2,500. However, if a deadly weapon was used, the jury must treat the charge as a Class 2 felony offense. A seasoned Hampton, VA burglary attorney could advocate on behalf of the defendant and work to reduce those charges.

Seek Help from a Hampton, VA Burglary Attorney Today

There are serious consequences for any crime that involves the unlawful entry into another person’s home. If convicted, individuals could face serious jail time. You should not handle your case alone. Let an experienced Hampton, VA burglary lawyer help.

Reach out to a tenacious defense attorney about your rights and legal options. To get the process started, call today to schedule a consultation.