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Burglary charges in Virginia range from Class 3 misdemeanors to Class 2 felonies carrying up to life in prison. The specific charge depends on the time of day, the type of structure, and whether a deadly weapon was used. D.J. Rivera builds aggressive defenses for all burglary-related charges.
Free Consultation — Available 24/7Virginia distinguishes between several types of burglary offenses based on the circumstances. Common law burglary (§ 18.2-89) — breaking and entering a dwelling house at night with intent to commit a felony — is a Class 3 felony. Statutory burglary (§ 18.2-90 and § 18.2-91) covers a broader range of structures and times of day. Home invasion (§ 18.2-90 with a deadly weapon) is among the most serious property crimes in Virginia, carrying up to life in prison.
The "intent to commit a crime" element is critical — the prosecution must prove not just that the defendant entered the structure, but that they did so with the specific intent to commit a felony or larceny inside. This element is often the most vulnerable part of the government's case.
| Offense | Code | Classification | Penalty |
|---|---|---|---|
| Common Law Burglary (dwelling, night) | § 18.2-89 | Class 3 Felony | 5–20 years |
| Statutory Burglary (dwelling, any time) | § 18.2-90 | Class 3 Felony | 5–20 years |
| Statutory Burglary w/ Deadly Weapon | § 18.2-90 | Class 2 Felony | 20 years to life |
| Statutory Burglary (non-dwelling) | § 18.2-91 | Class 6 Felony | Up to 5 years |
| Statutory Burglary (non-dwelling, weapon) | § 18.2-91 | Class 2 Felony | 20 years to life |
| Breaking and Entering (intent to commit misdemeanor) | § 18.2-92 | Class 6 Felony | Up to 5 years |
| Possession of Burglary Tools | § 18.2-94 | Class 5 Felony | Up to 10 years |
| Trespassing | § 18.2-119 | Class 1 Misdemeanor | Up to 12 months / $2,500 fine |
Challenging intent: Burglary requires proof of intent to commit a crime at the time of entry. If the defendant entered without criminal intent — for example, if they believed they had permission to enter — the burglary charge fails. D.J. Rivera challenges the prosecution's evidence of intent at every stage.
Consent and permission: If the defendant had actual or apparent permission to enter the structure, the "breaking and entering" element cannot be proven. D.J. Rivera investigates the relationship between the defendant and the property owner to develop a consent defense.
Misidentification: Burglary cases often rely on surveillance footage, fingerprint evidence, and eyewitness identification. D.J. Rivera challenges the reliability of each type of identification evidence and presents alternative explanations for the defendant's presence at the scene.
Negotiating reduced charges: In appropriate cases, D.J. Rivera negotiates for a reduction to trespassing or grand larceny, which carry significantly lower penalties than burglary and do not carry the same stigma of a home invasion conviction.
Burglary convictions carry years to life in prison. Contact D.J. Rivera immediately for a confidential, free consultation.
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