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Virginia statute

Va. Code Ann. § 18.2-89 — Burglary; how punished

Current through 2026 Regular Session

Part of Article 2: Burglary and Related Offenses, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 18.2-89

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 18.2-89Primary source, current through the 2026 Regular Session
If any person break and enter the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, he shall be guilty of burglary, punishable as a Class 3 felony; provided, however, that if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.

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Legal terms used in this section

Questions this section answers

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)

Which Virginia statute covers burglary?

Burglary is governed by Va. Code Ann. § 18.2-89 (Burglary; how punished).

This reference is informational and is not legal advice.