Virginia criminal charge
Breaking and entering dwelling house with intent to commit other misdemeanor in Virginia
Breaking and entering dwelling house with intent to commit other misdemeanor is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-92. 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. § 18.2-92.
What is the penalty for breaking and entering dwelling house with intent to commit other misdemeanor in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 5 years (Breaking and entering occupied dwelling with intent to commit misdemeanor (unarmed) — Person breaks and enters an occupied dwelling house, day or night, with intent to commit a misdemeanor other than assault and battery or trespass, without being armed.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(f))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Breaking and entering occupied dwelling with intent to commit misdemeanor (unarmed) — Person breaks and enters an occupied dwelling house, day or night, with intent to commit a misdemeanor other than assault and battery or trespass, without being armed.; with the jail-confinement alternative under § 18.2-10(f)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | at least 20 years (Breaking and entering occupied dwelling with intent to commit misdemeanor (armed with deadly weapon) — Same offense as above but the person 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 (Breaking and entering occupied dwelling with intent to commit misdemeanor (armed with deadly weapon) — Same offense as above but the person 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 breaking and entering dwelling house with intent to commit other misdemeanor classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Breaking and entering occupied dwelling with intent to commit misdemeanor (unarmed) | Class 6 Felony | Person breaks and enters an occupied dwelling house, day or night, with intent to commit a misdemeanor other than assault and battery or trespass, without being armed. | Va. Code Ann. § 18.2-92undefined |
| Breaking and entering occupied dwelling with intent to commit misdemeanor (armed with deadly weapon) | Class 2 Felony | Same offense as above but the person was armed with a deadly weapon at the time of entry. | Va. Code Ann. § 18.2-92undefined |
Common questions about breaking and entering dwelling house with intent to commit other misdemeanor in Virginia
Is breaking and entering dwelling house with intent to commit other misdemeanor a felony or a misdemeanor in Virginia?
It depends on the circumstances: breaking and entering dwelling house with intent to commit other misdemeanor ranges from a class 6 felony to a class 2 felony in Virginia under Va. Code Ann. § 18.2-92.
Breaking and entering occupied dwelling with intent to commit misdemeanor (unarmed): class 6 felony (Va. Code Ann. § 18.2-92) · Breaking and entering occupied dwelling with intent to commit misdemeanor (armed with deadly weapon): class 2 felony (Va. Code Ann. § 18.2-92)
What are the penalties for breaking and entering dwelling house with intent to commit other misdemeanor in Virginia?
Penalties for breaking and entering dwelling house with intent to commit other misdemeanor in Virginia depend on how it is classified — from a class 6 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 breaking and entering dwelling house with intent to commit other misdemeanor?
Breaking and entering dwelling house with intent to commit other misdemeanor is governed by Va. Code Ann. § 18.2-92 (Breaking and entering dwelling house with intent to commit other misdemeanor).
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.