Virginia criminal charge
Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson in Virginia
Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-90. 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. § 18.2-90.
What is the penalty for entering dwelling house, etc., with intent to commit murder, rape, robbery or arson in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 20 years (Statutory burglary with intent to commit murder, rape, robbery or arson (unarmed) — Applies when the person enters or breaks and enters a dwelling or specified structure with intent to commit murder, rape, robbery or arson, and was not armed with a deadly weapon at the time of entry.) | mandatory | Va. Code Ann. § 18.2-10 |
| Fine | up to $100,000 (Statutory burglary with intent to commit murder, rape, robbery or arson (unarmed) — Applies when the person enters or breaks and enters a dwelling or specified structure with intent to commit murder, rape, robbery or arson, and was not 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 |
| Jail / prison | at least 20 years (Statutory burglary with intent to commit murder, rape, robbery or arson (armed) — Applies when the person committing the above offense 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 (Statutory burglary with intent to commit murder, rape, robbery or arson (armed) — Applies when the person committing the above offense 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 entering dwelling house, etc., with intent to commit murder, rape, robbery or arson classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Statutory burglary with intent to commit murder, rape, robbery or arson (unarmed) | class 3 felony | Applies when the person enters or breaks and enters a dwelling or specified structure with intent to commit murder, rape, robbery or arson, and was not armed with a deadly weapon at the time of entry. | Va. Code Ann. § 18.2-90undefined |
| Statutory burglary with intent to commit murder, rape, robbery or arson (armed) | class 2 felony | Applies when the person committing the above offense was armed with a deadly weapon at the time of entry. | Va. Code Ann. § 18.2-90undefined |
Common questions about entering dwelling house, etc., with intent to commit murder, rape, robbery or arson in Virginia
Is entering dwelling house, etc., with intent to commit murder, rape, robbery or arson a felony or a misdemeanor in Virginia?
It depends on the circumstances: entering dwelling house, etc., with intent to commit murder, rape, robbery or arson ranges from a class 3 felony to a class 2 felony in Virginia under Va. Code Ann. § 18.2-90.
Statutory burglary with intent to commit murder, rape, robbery or arson (unarmed): class 3 felony (Va. Code Ann. § 18.2-90) · Statutory burglary with intent to commit murder, rape, robbery or arson (armed): class 2 felony (Va. Code Ann. § 18.2-90)
What are the penalties for entering dwelling house, etc., with intent to commit murder, rape, robbery or arson in Virginia?
Penalties for entering dwelling house, etc., with intent to commit murder, rape, robbery or arson 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 entering dwelling house, etc., with intent to commit murder, rape, robbery or arson?
Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson is governed by Va. Code Ann. § 18.2-90 (Entering dwelling house, etc., with intent to commit murder, rape, robbery or arson; penalty).
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.