Virginia Beach Burglary Defense Lawyer

Passionate Defense Lawyer for Clients Facing Burglary Charges in Virginia Beach

In Virginia, you can face strict penalties for allegations of burglarizing someone's home or dwelling. If you are convicted of this crime, it could result in a years-long prison sentence and high fines—as well as a lasting black mark on your criminal record. With the help of a Virginia Beach burglary defense attorney, you can contest the charges in court or explore your options to minimize the possible damage.

At Castellano Law Firm PLLC, we have experience guiding clients through difficult cases. Attorney Vincent Castellano has trained under some of Virginia's best criminal defense attorneys, giving him a clear understanding of how the courts operate and what options are available in a burglary case.

When Can You Be Charged With Burglary in Virginia Beach?

Burglary in Virginia involves entering a dwelling at night with the intent to commit a felony or larceny inside. The offense does not require that a crime actually be completed. The intent to commit a crime upon entry is enough to support the charge, which means a person can face a burglary charge even if they left before doing anything further.

Virginia law also recognizes statutory burglary, which covers a broader range of conduct. Statutory burglary can apply when a person breaks and enters, or enters and conceals themselves in, a dwelling or other structure with the intent to commit assault and battery, murder, rape, robbery, or another felony inside. Statutory burglary is not limited to nighttime entry and can apply to commercial buildings, outbuildings, and other structures beyond a private residence.

Breaking and entering with the intent to commit a misdemeanor can also support a charge, though the penalties are generally less severe than those attached to felony intent.

Penalties for Breaking and Entering

The penalties for burglary in Virginia depend on the type of structure involved and the nature of the intended offense. Common law burglary, which involves breaking and entering a dwelling at night with felony intent, is a Class 3 felony carrying a sentence of five to twenty years in prison.

Statutory burglary involving felony intent is also a Class 3 felony in most circumstances. When the intended offense is a misdemeanor rather than a felony, the charge is typically a Class 6 felony, carrying one to five years in prison. If a deadly weapon was possessed during the burglary, the charge becomes a Class 2 felony, which carries a sentence of 20 years to life.

A burglary conviction also creates a permanent felony record, which can affect employment, housing, and other areas of life long after a sentence is served.

Why Intent Is Important in Burglary Cases

Intent is the element that separates burglary from trespassing, and it is also one of the most difficult things for the prosecution to prove beyond a reasonable doubt. The prosecution cannot point to a completed crime inside the structure and must instead establish what the accused planned to do when they entered.

Proving intent typically requires drawing inferences from the circumstances. The time of day, the manner of entry, what the accused was carrying, and what they did once inside can all be used to argue that criminal intent was present. However, those same facts can often support alternative explanations that do not amount to burglary.

A person who entered a structure without permission but without any intent to commit a crime inside may have a strong argument that the evidence does not support a burglary charge. Mistaken entry, permission from someone believed to have authority over the property, and intoxication are all circumstances that can affect how intent is evaluated in a particular case.

Meet With a Virginia Beach, VA Burglary Defense Lawyer

A burglary charge carries serious felony penalties that deserve an equally serious defense. Call 757-724-0073 or contact our Virginia Beach burglary defense attorney today to schedule a free consultation with Castellano Law Firm PLLC.