Burglary Case Study
Whether the defendant had the intent to commit a felony at the time of entry, as required for burglary.
The court reversed the burglary conviction, finding that the prosecution failed to prove beyond a reasonable doubt that the defendant had the intent to commit a felony at the time of entry. The court held that intent to commit a felony must exist at the moment of entry — intent formed after entry is insufficient for burglary.
Burglary requires proof of intent to commit a felony at the time of entry — not merely after entry. This is a critical distinction that can reduce a burglary charge to the lesser offense of unlawful entry. D.J. Rivera challenges the timing and nature of the alleged intent in every burglary case.
This case involves § 18.2-89 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
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