Virginia Burglary by Breaking and Entering

• Category: Criminal - Jury Instructions
• State: Multi-State
• Control #: US-00877
• Format: Word; Rich Text

Description

Sample Jury Instruction - This sample jury instruction pertains to a Defendant's indictment for the crime of burglary (including all elements of the crime). Virginia Burglary by Breaking and Entering is a criminal offense that involves unlawfully entering into a structure with the intent to commit a crime, usually theft or vandalism. This offense is classified as a felony in Virginia and carries severe penalties upon conviction. Keywords: Virginia Burglary by Breaking and Entering, criminal offense, unlawfully entering, structure, intent to commit a crime, theft, vandalism, felony, severe penalties, conviction. In Virginia, there are two main types of Burglary by Breaking and Entering recognized by the legal system: common law burglary and statutory burglary. These distinctions are important as they affect the severity of the charges and potential sentences. 1. Common Law Burglary: Common law burglary refers to the traditional definition of burglary that has been recognized in Virginia for many years. It involves unlawfully breaking and entering into a dwelling house of another person during the nighttime with the intent to commit a crime inside. The "intent to commit a crime" element is essential for the offense to be considered burglary. 2. Statutory Burglary: Statutory burglary, also known as unlawful entry or breaking and entering with the intent to commit a felony, is a broader form of burglary recognized by Virginia law. Unlike common law burglary, statutory burglary is not limited to dwelling houses or nighttime occurrences. It encompasses breaking and entering into any structure, including commercial properties, vehicles, storage units, or public buildings, with the intent to commit a felony or theft. Thus, even breaking into a non-residential property can be charged as statutory burglary if the intent to commit a felony or theft is present. It is important to note that the penalties for burglary by breaking and entering vary depending on the specific circumstances and the type of burglary charged. In general, both common law and statutory burglary are considered felonies, with common law burglary being the more severe offense. The precise penalties can range from imprisonment for up to 20 years to life imprisonment, depending on factors such as prior criminal history, severity of the offense, and presence of aggravating elements like the use of a weapon. In conclusion, Virginia Burglary by Breaking and Entering refers to the illegal act of entering a structure unlawfully with the intention of committing a crime inside. It can be classified as either common law burglary or statutory burglary, each with its own set of specific criteria. Anyone facing charges related to burglary by breaking and entering should seek legal counsel to understand the potential consequences and build a solid defense strategy.

Virginia Burglary by Breaking and Entering is a criminal offense that involves unlawfully entering into a structure with the intent to commit a crime, usually theft or vandalism. This offense is classified as a felony in Virginia and carries severe penalties upon conviction. Keywords: Virginia Burglary by Breaking and Entering, criminal offense, unlawfully entering, structure, intent to commit a crime, theft, vandalism, felony, severe penalties, conviction. In Virginia, there are two main types of Burglary by Breaking and Entering recognized by the legal system: common law burglary and statutory burglary. These distinctions are important as they affect the severity of the charges and potential sentences. 1. Common Law Burglary: Common law burglary refers to the traditional definition of burglary that has been recognized in Virginia for many years. It involves unlawfully breaking and entering into a dwelling house of another person during the nighttime with the intent to commit a crime inside. The "intent to commit a crime" element is essential for the offense to be considered burglary. 2. Statutory Burglary: Statutory burglary, also known as unlawful entry or breaking and entering with the intent to commit a felony, is a broader form of burglary recognized by Virginia law. Unlike common law burglary, statutory burglary is not limited to dwelling houses or nighttime occurrences. It encompasses breaking and entering into any structure, including commercial properties, vehicles, storage units, or public buildings, with the intent to commit a felony or theft. Thus, even breaking into a non-residential property can be charged as statutory burglary if the intent to commit a felony or theft is present. It is important to note that the penalties for burglary by breaking and entering vary depending on the specific circumstances and the type of burglary charged. In general, both common law and statutory burglary are considered felonies, with common law burglary being the more severe offense. The precise penalties can range from imprisonment for up to 20 years to life imprisonment, depending on factors such as prior criminal history, severity of the offense, and presence of aggravating elements like the use of a weapon. In conclusion, Virginia Burglary by Breaking and Entering refers to the illegal act of entering a structure unlawfully with the intention of committing a crime inside. It can be classified as either common law burglary or statutory burglary, each with its own set of specific criteria. Anyone facing charges related to burglary by breaking and entering should seek legal counsel to understand the potential consequences and build a solid defense strategy.