Dale City Burglary Lawyer
Being convicted of burglary could have a serious impact on a person’s life. If you are accused of burglary, you might be searching for answers regarding the charge against you and any defenses that might be available to you. A criminal defense attorney may be able to provide answers to your questions and assist you each step of the way through the legal process.
A mistake or misunderstanding may be involved in your burglary charge. It could be beneficial to have a seasoned theft attorney by your side who could work to get the charge reduced or dismissed. Speak with a Dale City burglary lawyer, today, regarding your case.
Common Law Burglary in Dale City
Virginia still recognizes common law burglary, as well as statutory burglary. In order for an individual to be convicted of common law burglary, the prosecution must prove:
- Breaking and entering
- House in which someone lives
- At night
- Intent to commit either larceny or a felony
An individual does not have to actually take anything in order to be found guilty of burglary. Under the Code of Virginia § 18.2-89, burglary is a felony offense. A burglary offense may be categorized as a Class 3 or Class 2 offense. Class 3 burglary is punishable with five to 20 years of jail time. Class 2 burglary could carry a sentence of 20 years to life in prison. Class 3 and Class 2 burglary differs in that Class 2 involves the use of a deadly weapon in the commission of the crime.
There are several types of statutory burglary offenses, codified in the Code of Virginia §§ 18.2-90-18.2-92. The offenses vary based on the intent with which the individual enters the structure and the circumstances surrounding the breaking and entering.
If an individual enters a structure that belongs to someone else with the intent to commit murder, arson, rape, or robbery, they could be guilty of a statutory burglary offense. An individual could be found guilty of this type of burglary even if the breaking and entering occurs during the daytime. If convicted, the offense may be classified as a Class 3 felony or Class 2 felony.
There is a separate statutory burglary offense involving breaking and entering with intent to commit larceny or assault and battery. Burglary with intent to commit larceny, assault and battery, or other felonies could be punishable with jail time, a fine of up to $2,500, or both.
Sentencing for a statutory burglary offense depends on many factors. An individual’s criminal history (if any) can be a factor in the outcome of a case. The circumstances surrounding the burglary offense could impact the outcome as well.
It could be important to have a burglary lawyer in Dale City review an individual’s case and work to get a reduction or dismissal. There might also be defenses which would help an individual during any proceedings.
How a Dale City Burglary Attorney Could Help
If you are facing a burglary charge of any kind, there is a lot at stake. You deserve to have a seasoned attorney by your side as you deal with a charge of this magnitude. Do not delay in contacting a Dale City burglary lawyer for assistance in handling your burglary charge.