Burglary Defense Lawyer in Fairfax
If you have been accused of burglary, your future may be in jeopardy. This offense is typically classified as a felony in Virginia and may be punishable by up to 20 years or life in prison, depending on the circumstances of the offense. It is crucial that you involve a criminal defense lawyer to protect your legal rights and help you seek a positive outcome to your case.
Key Elements of Fairfax Burglary Charges
There are specific elements that must be present for a person to be charged with burglary in Fairfax, Virginia. The defendant must stand accused of breaking and entering or unlawfully remaining in a dwelling or structure during the day or at night or of unlawfully entering a dwelling or structure at night. The defendant must also stand accused of entering or remaining in the property with the intent of committing a felony or theft. Whether the intended offense is actually carried out, a defendant may still face burglary charges for entering the property with the intent of committing the crime.
Burglary may be punished as follows:
- Breaking and entering into a dwelling at night with the intent to commit any felony or theft - Class 3 felony punishable by 5 to 20 years in prison and a fine of not more than $100,000. If the defendant was armed with a deadly weapon, he or she may face Class 2 felony charges and may therefore face 20 years to life in prison and a fine of up to $100,000.
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Entering a dwelling at night or breaking into a dwelling during the day or at night with the intent to commit murder, rape, robbery or arson - Class 3 felony. If armed, this is classified as a Class 2 felony.
- Entering a dwelling at night or breaking into a dwelling during the day or at night with the intent to commit larceny or any felony other than murder, rape, robbery or arson - classified as "statutory burglary" punishable by 1 to 20 years in prison or possibly up to 12 months in jail and a fine of up to $2,500. If armed with a deadly weapon, this is a Class 2 felony.
Find out how you can avoid these serious penalties. Contact a Fairfax Burglary Defense Attorney at our firm today. |