Burglary Case Study
Whether the structure entered qualified as a 'dwelling house' for purposes of the burglary statute.
The court reversed the burglary conviction, finding that the structure entered — a detached garage that was not used for habitation — did not qualify as a 'dwelling house' under the burglary statute. The court held that the offense was properly charged as statutory burglary under § 18.2-91 (breaking and entering a non-dwelling) rather than common law burglary.
The nature of the structure entered determines which burglary statute applies and the resulting penalty range. Common law burglary of a dwelling carries a higher penalty than statutory burglary of a non-dwelling. D.J. Rivera scrutinizes the nature of the structure in every burglary case to ensure the correct charge is applied.
This case involves § 18.2-89 / § 18.2-91 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
D.J. Rivera applies the lessons of cases like this one to defend clients throughout Richmond and Northern Virginia. Free consultation available 24/7.
Get Your Free Consultation