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Correctly Charged with Burglary

Virginia Beach reports fewer violent crimes, but more burglaries than other states

FBI statistics show that Larceny, Theft, and Burglary account for the majority of reported crimes in Virginia Beach.  According to statistics, there were nearly 12,000 reports of Larceny or Theft, compared to 24 murders and 119 forcible rapes in the same period of one year.  Violent crimes occurred less frequently than property crimes at a rate of almost one violent crime for every 15 property offenses.  Virginia Beach is relatively safe; the National violent crime rate per capita is lower for the violent crimes of murder, rape, robbery, aggravated assault, and all violent crimes in general.  As for the crime of burglary, however, Virginia Beach reports offenses nearly 1.5 times the national average.  For an explanation of whether your charged crime is a property crime or a crime against a person, please consult your Virginia Beach Criminal Lawyer.  There is no substitute for a professional opinion.

Have I Been Correctly Charged with Burglary?

As mentioned, Burglary is the only crime of the eight crimes the FBI report references herein as higher than the national average.  At the most basic level, Burglary is the crime of breaking and entering into the dwelling of another, with the intent to commit a crime inside, at night time.  But this definition is derived from the English Common Law, and specific rules apply to Virginia.  For example, there are degrees of burglary, and instead of the common law requirement that the Burglary take place at night, in Virginia, Burglary can be charged if it occurs at any time.  If it occurs at night, however, the punishment may be harsher.  Your local Virginia Beach Criminal Lawyer can explain and analyze your case as it would or should be treated under Virginia law.  While it is impossible to guarantee results at trial, an experienced defense attorney can explicate the issues as he or she best believes they may exist, as well as any potential defenses you might be privileged to raise.

“Breaking and Entering” does not mean something is broken; instead, “Breaking” can be implied by a threat, or even fraud.  If a man has permission to be in one area of a residence but not another, it would be a “Breaking” to merely open a door into a disallowed room.  “Entering” encapsulates the notion that either actual entrance occurs or a tool of some sort is used to enter.