Intentionally entering or breaking in to someone house to commit a crime such as arson, robbery, murder, battery, rape, larceny and assault is known as burglary. If a person is facing burglary charges then he/she should contact a Hanover, Virginia burglary lawyer to help them in dismissing the charges, because burglary is a serious crime and it contains felonies that can charge a serious amount in jail.
The Charges of Burglary
Burglary is considered to be a very serious crime in Hanover, Virginia as the primary level of burglary contains a class 3 felony which covers entering and breaking in to someone’s home to intentionally commit rape, arson, murder or robbery. If proved the charge leads to a 5 to 20 years jail time with a fine up to $100,000. The second level of burglary cover entering or breaking into someone’s house to commit an intentional misdemeanor such as larceny, battery and assault. If proved the charge leads to a 20 year jail time with a fine of $2,500. The difference between trespassing and burglary is depend upon entering and breaking, burglary contains an intent for entering or breaking into someone’s house and trespassing does not include any of the element of entering or breaking.
Problem, Injury or Offense Factors
Problem, Injury or Offense are also known as aggravating factors, the factor explains the use of a deadly weapon during burglary. If an individual enters or break into someone’s home with a deadly weapon such as firearm, machete or an axe. The punishment for this charge is 20 year imprisonment.
According to the criminal law of Hanover, Virginia, It is not only important to look at the burglary charge, but it is the duty of the law enforcement agency to also look at charges of misdemeanor or felony in a property damage. The damage to the property can lead the accused with a very heavy fine such as the whole restitution of the property.
Other Burglary Laws in Hanover, Virginia
According to VA code section 18.2-89 if a person enters or breaks into someone’s home with the pure intention to commit a robbery or felony, then the person is guilty of the charge. In Hanover, Virginia burglary contains the penalties of a class 3 felony unless the person is not carrying a deadly weapon when breaking into someone’s house. In this case the convicted person will face the penalties of a class 2 felony under the section of 18.2-89.
If the person is not armed with a deadly weapon during the burglary then it will be charged as a class 3 felony. This punishment for this charge is a 20 year jail time and a heavy fine of up to $100,000. It is also possible the under the section of 18.2-10(b) the court may not charge the accused of the fine.