Virginia criminal charge
Burglary in Virginia
Burglary is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-89. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-89.
What is the penalty for burglary in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 20 years (Burglary — unarmed — A person breaks and enters the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, without being armed with a deadly weapon.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Burglary — unarmed — A person breaks and enters the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, without being armed with a deadly weapon.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | at least 20 years (Burglary — armed with a deadly weapon — The person committing the burglary was armed with a deadly weapon at the time of entry.; imprisonment for life or for any term not less than 20 years) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Burglary — armed with a deadly weapon — The person committing the burglary was armed with a deadly weapon at the time of entry.; only together with imprisonment (§ 18.2-10(g))) | discretionary | Va. Code Ann. § 18.2-10 |
Applies to current.
How is burglary classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Burglary — unarmed | class 3 felony | A person breaks and enters the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, without being armed with a deadly weapon. | Va. Code Ann. § 18.2-89undefined |
| Burglary — armed with a deadly weapon | class 2 felony | The person committing the burglary was armed with a deadly weapon at the time of entry. | Va. Code Ann. § 18.2-89undefined |
Common questions about burglary in Virginia
Is burglary a felony or a misdemeanor in Virginia?
It depends on the circumstances: burglary ranges from a class 3 felony to a class 2 felony in Virginia under Va. Code Ann. § 18.2-89.
Burglary — unarmed: class 3 felony (Va. Code Ann. § 18.2-89) · Burglary — armed with a deadly weapon: class 2 felony (Va. Code Ann. § 18.2-89)
What are the penalties for burglary in Virginia?
Penalties for burglary in Virginia depend on how it is classified — from a class 3 felony up to a class 2 felony — with the ranges set by Va. Code Ann. § 18.2-10; the full table of ranges by variant is published on this page.
Which Virginia statute covers burglary?
Burglary is governed by Va. Code Ann. § 18.2-89 (Burglary; how punished).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.