Virginia Beach Burglary Lawyer

Virginia recognizes both common law and statutory burglary. Common-law burglary occurs when someone breaks and enters into the dwelling of another with the intent to commit a felony or larceny. Statutory burglary occurs when a person enters into a dwelling at nighttime or breaks and enters during the daytime with the intent to commit a felony or a misdemeanor.

Burglaries are serious offenses because they involve a violation of an individual’s private space. A home is one of the most protected areas of the law. Because of this, the prosecution takes burglary charges very seriously.

If you have been accused of burglary, you should reach out to a knowledgeable theft attorney for help. A Virginia Beach burglary lawyer could review the facts of the case and collect evidence to help you build a defense. Since the penalties for a burglary offense could be severe, it is best to speak to an attorney as soon as possible.

What Does the Prosecution Need to Prove?

Common-law burglary occurs when someone breaks and enters into the dwelling of another with the intent to commit a felony or a larceny. Additionally, statutory burglary occurs when a person enters a dwelling in the nighttime or breaks and enters during the daytime with the intent to commit a felony or a misdemeanor.

Trespassing does not require a break-in. Also, trespassing can occur in areas that burglary cannot. For example, trespassing can occur in an open field, while burglary cannot. A well-practiced Virginia Beach burglary lawyer could explain the differences between trespassing and burglary as well as inform the accused about the potential consequences.

Damages to Property

If an attempted burglary causes damages to a person’s property, that individual can also be charged with destruction of property. They will be responsible for the injured party’s restitution. In other words, the accused party will have to pay for the damage if convicted.

Penalties for Burglary in Virginia Beach

Burglary is a felony in Virginia. Depending on the intent of the accused and whether or not a weapon was involved, burglary can be a Class 2, 3 or 6 felony offense.

Statutory burglary is punishable as a Class 3 felony, which carries with it a possible sentence of 5 to 20 years in prison and a fine of up to $100,000. If a weapon is involved, statutory burglary is punishable as a Class 2 felony, which carries a possible sentence of 20 years to life and a fine of up to $100,000.

If someone is accused of burglary with the intent to commit a misdemeanor, the charge is a Class 6 felony, which is punishable by 1 to 5 years in prison or up to 12 months in jail and a $2,500 fine.

Aggravating Factors for Burglary

One aggravating factor is whether or not the property was damaged, but probably the most aggravating factor is whether or not a weapon was involved. Carrying a weapon while attempting to commit a burglary or actually committing a burglary automatically makes the charge a Class 2 felony. A Virginia Beach burglary attorney could review the prosecution’s evidence and help determine if there are any mitigating factors to lessen the potential consequences of a conviction.

Seek Help From a Virginia Beach Burglary Attorney Today

The consequences of burglary include serious jail time and hefty fines. Let a diligent defense attorney help you fight the charges. A diligent Virginia Beach burglary lawyer could help you build a defense and mitigate the potential consequences.

You do not need to fight your case alone. Call today to schedule a consultation.