CRIMES AGAINST PROPERTY
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 or an adjoining, occupied outhouse or in the nighttime enters without breaking or any time breaks and enters and conceals himself in any building affixed to realty…he shall be guilty of statutory burglary.
- If the person enters with the intent to commit murder, rape, robbery, or arson, he shall be guilty of a Class 3 felony.
- If such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
- If the person enters with the intent to commit larceny, or any felony other than murder, rape, robbery, or arson, or with the intent to commit assault and battery, the offense shall be punishable by not less than one nor more than 20 years in the Virginia state penitentiary, or by up to 12 months in a local jail and a fine of up to $2,500, either or both.
Representation by criminal defense attorney is always recommended for a burglary case.