Norfolk Burglary Lawyer
Burglary is the act of breaking and entering into a building to commit an offense. The offense is not just limited to theft. The illegal act could also be rape, arson or murder.
Breaking and entering is a felony, which can mean that if convicted, you could have a permanent criminal record and have to discuss the felony conviction on job applications and other documents.
If someone has accused you of burglary, it is imperative to speak with a knowledgeable defense attorney. Because of the severe nature of the crime, you must thoroughly understand the related law and what penalties you may be facing. A Norfolk burglary lawyer will be able to help and work with you to develop an aggress ive defense strategy and aid you in negations with the prosecutor.
Burglary in Norfolk
Under the common law, the law defined burglary as breaking and entering of a person’s dwelling at night time to commit an offense. Breaking means the person was able to force their way into a building or used tricks or threats. Entering implies some part of the person’s body was inside the building intentionally. If the alleged offender entered the building with a dangerous weapon, that is armed burglary.
Common Law Burglary
If a person enters a home with the intent to commit a felony without a weapon, that is a Class 3 felony. However, if that person has a deadly weapon when they enter the building, that is a Class 2 felony, as found in Code of Virginia §18.2-89.
Statutory Burglary with Intent to Steal or Commit Assault and Battery
If a person enters a home, building or vehicle, day or night, with the intent to commit a felony other than rape, robbery, murder or arson, that person is in violation of Code of Virginia §18.2-91. Common acts that fall under this law are theft and assault and battery.
If the court convicts someone of this act, the court must sentence that person to at least one year in jail and up to 20 years, or up to 12 months in jail. The court may also fine the defendant up to $2,500. If the person was armed, that is a Class 2 felony.
Statutory Burglary with Intent to Murder, Rape, Rob or Burn
It is a Class 3 felony if a person sneaks or breaks into a building or vehicle and plans to commit the following acts:
- Murder,
- Arson,
- Rape, and
- Robbery.
If the person is armed, that person will be charged with a class 2 felony.
If you are convicted of a class 3 felony, the punishment must be between 5 to 20 years in prison and a fine of up to $100,000. A conviction of a class 2 felony carries a possible prison sentence of up to life in prison, but not less than 20 years, and a possible fine of up to $100,000. Speak to an experienced attorney to learn about the specific consequences an individual could face, if convicted.
Statutory Burglary with Intent to Commit a Misdemeanor
If a person breaks into an occupied building with the intent to commit a misdemeanor other than trespassing or assault and battery, that is a Class 6 felony. A court may send that person to jail for one to five years, or up to 12 months in jail, and order they pay a fine of up to $2,500. If the person is armed, that is a Class 2 felony.
How a Norfolk Burglary Attorney Can Help
If you are concerned about possible burglary charges, schedule a time to speak with an attorney. A felony charge could dramatically affect your life and your future plans. You may need help from an attorney experienced with this law and handling these sorts of situations. A Norfolk burglary lawyer may be able to affect the outcome of your matter and offer you advice on how to proceed. Do not wait to get help.
