Virginia Defense of Burglary and Breaking & Entering Cases
Fairfax County and Northern Virginia Burglary and Breaking & Entering Criminal Defense Attorneys and Lawyers
There are multiple forms of burglary or breaking and entering that are charged in Fairfax County and Northern Virginia, but each is a serious felony offense punishable by significant incarceration. If you have been charged with any form of burglary or breaking and entering in Fairfax County or Northern Virginia, you are facing a very serious criminal charge.
If you have been arrested for a Virginia burglary or breaking and entering offense, you need to consult with an experienced Fairfax and Northern Virginia criminal defense attorney as soon as possible. Given the seriousness of these crimes, anyone charged should consult with a lawyer that has previously handled such cases.
As a former prosecutor in the largest jurisdiction in Virginia, Kyle G. Manikas has previously handled many burglary and breaking and entering cases. In these cases, physical evidence and witness accounts can be critical. Our firm will perform a sound analysis of all evidence and provide essential trial strategies to present you with the best possible defense.
While there are many defense lawyers, there are only a handful of defense attorneys with the skills and experience to handle cases of this level. Who you hire could be one of the most important life decisions you make.
To discuss your case with Kyle G. Manikas, a former prosecutor and Fairfax County and Northern Virginia criminal defense lawyer that has substantial experience in handling burglary and breaking and entering cases, or to schedule a free consultation, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
Burglary and Breaking& Entering Offenses
Burglary generally requires that one break and enter the home of another at nighttime with the intent to commit a felony inside. Whether the felony offense actually gets committed inside is irrelevant to the burglary charge. While this is the traditional definition of common law burglary, the legislature has changed or eliminated a number of the common law elements. As a result, a prosecutor can now prove a breaking and entering where he could not have proved a common law burglary offense on the same facts. The specific burglary and breaking and entering offenses in Virginia are discussed below.
Burglary and Breaking & Entering Offenses in Virginia
•· Burglary (Va. Code 18.2-89) - this form of burglary is the common law form discussed above involving the breaking and entering of a dwelling house (home) of another in the nighttime with intent to commit a felony or larceny inside. This form of burglary is a Class 3 felony (punishable by 5 to 20 years in jail and a fine of up to $100,000). However, if the accused is armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony (punishable by 20 years to life in prison and a fine of up to $100,000).
•· Entering a dwelling house, with intent to commit murder, rape, robbery or arson (Va. Code 18.2-90) - If any person in the nighttime enters without breaking or in the daytime breaks and enters or enters and conceals himself in a dwelling house with intent to commit murder, rape, robbery or arson, he shall be deemed guilty of statutory burglary, which offense shall be a Class 3 felony. However, if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony
•· Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony (Va. Code 18.2-91) - Another form of statutory burglary which is punishable by imprisonment for not less than one or more than twenty years and a fine of up to $2,500, either or both. However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
•· Breaking and entering dwelling house with intent to commit other misdemeanor (Va. Code 18.2-92) - If any person breaks and enters a dwelling house while the dwelling is occupied, either in the day or nighttime, with the intent to commit any misdemeanor except assault and battery or trespass, he shall be guilty of a Class 6 felony (punishable by up to 5 years in prison and $2,500 fine). However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
•· Entering bank, armed, with intent to commit larceny (Va. Code 18.2-93) - If any person, armed with a deadly weapon, enters any banking house or institution, in the daytime or in the nighttime, with intent to commit larceny of money, bonds, notes, or other evidence of debt, he shall be guilty of a Class 2 felony.
•· Possession of burglarious tools (Va. Code 18.2-94) - It is unlawful for any person to have in their possession any tools, implements or outfit, with intent to commit burglary, robbery or larceny. A violation of this law is a Class 5 felony.
•· Breaking and entering into railroad cars, motortrucks, aircraft, etc., or pipeline systems (Va. Code 18.2-147.1) - Punishable as a Class 4 felony; provided, however, that if such person is armed with a firearm at the time of such breaking and entering, he shall be guilty of a Class 3 felony.
•· Opening or carrying away pumps, etc., used for dispensing gasoline (Va. Code 18.2-151) - Punishable as a Class 6 felony.
•· Stealing from or tampering with parking meter, vending machine, pay telephone, etc. (Va. Code 18.2-152) - A first offense is punishable as a Class 1 misdemeanor and a second offense is punishable as a Class 6 felony.
Contact An Experienced Criminal Defense Attorney
If you have been arrested for any form of burglary or breaking and entering, contact a former prosecutor and experienced criminal defense lawyer at Manikas Law LLC. Kyle G. Manikas has substantial experience in handling burglary and breaking and entering cases.
To schedule a free consultation or to discuss your case by phone, contact our law office at 703-873-7473 or 888-503-8075, or contact us by e-mail.
