Burglary Case Study
Whether the defendant's presence at the scene was sufficient to establish guilt as a principal in the second degree to burglary.
The court reversed the conviction, finding that mere presence at the scene of a burglary — without more — is insufficient to establish guilt as a principal in the second degree. The court held that the prosecution must prove that the defendant actively assisted, encouraged, or facilitated the burglary.
Presence at the scene of a crime is not the same as participation in the crime. D.J. Rivera challenges aiding and abetting theories in burglary cases by scrutinizing the evidence of the defendant's active participation — distinguishing between mere presence and actual assistance.
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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