Norfolk, VA Burglary Defense Lawyer
Our criminal defense law firm demands justice
Have you been charged with burglary in Norfolk or Newport News, Virginia? Or perhaps your burglary charge involves an incident that allegedly took place in Virginia Beach or another community in the Hampton Roads area?
Burglary is a specific type of criminal charge that requires police and prosecutors in Virginia to provide evidence that a burglary actually occurred. If not, you should not be charged with burglary and your charges should be dismissed. Otherwise, you could be fined, jailed and face other serious penalties.
Our Norfolk, VA defense attorneys at Welch & Wright, PLLC have the knowledge, the experience, and the commitment you need to succeed if you have been charged with burglary. We know the laws that apply to such charges and how the legal system actually works. That’s because our trial lawyers have extensive courtroom experience in the Hampton Roads area. We’re the criminal defense law firm you want when your future is on the line.
What is burglary?
Burglary involves breaking and entering into someone else’s property. You don’t have to steal anything to be charged with burglary. The act of simply unlawfully entering someone else’s property with the intent of committing a crime is enough to be charged with burglary in Virginia.
Although many people think of burglary as a crime where someone intends to break in to steal something, this is not necessarily true. You can be charged and convicted with burglary for breaking into someone’s home with the intent to commit several other crimes besides larceny.
Criminal charges for burglary in Virginia
Virginia Code 18.2-90 is the primary law in the Commonwealth of Virginia that applies to burglary charges. Along with this charge, there are many different types of burglary charges in Virginia, including:
- Entering a dwelling with intent to commit robbery, murder, rape, arson or another criminal offense.
- Unlawfully entering a dwelling with intent to commit assault and battery or larceny (Virginia’s legal term for theft). This burglary charge often falls under Virginia Code 18.2-91.
- Breaking and entering unlawfully into a dwelling with intent to commit a misdemeanor. This burglary charge often involves Virginia Code 18.2-92.
- Entering a bank armed with a deadly weapon with the intent of committing a larceny or theft, a burglary charge involving Virginia Code 18.2-93.
Penalties for burglary conviction
The penalties for a burglary conviction in Virginia can be very serious, including:
- Unlawful entry of a building with intent to commit a robbery or another serious criminal offense – 20 years to life in prison, along with a fine of up to $100,000 depending on the circumstances of the burglary charge.
- Entering a dwelling with intent to commit larceny or assault and battery – 20 years to life in prison, along with a $100,000 fine. The more serious penalties often apply to incidents in which a deadly weapon was used.
- Breaking and entering with intent to commit a misdemeanor – Up to 5 years in prison and/or a fine of up to $2,500. However, the penalties can be even more serious if a deadly weapon was involved in the burglary.
- Entering a bank with a deadly weapon with intent to commit larceny – 20 years to life in prison and a fine of up to $100,000.
Legal defenses for burglary arrest
Prosecutors and police in Virginia need strong evidence to charge and convict someone of burglary. Many times, an experienced Virginia criminal defense attorney can successfully defend a client in court based on the following legal strategies, including proving:
- Person charged with burglary had the legal right to be on the premises.
- The person legally owns the property and was not trespassing.
- Person charged with burglary had no intention of committing a crime.
- Police violated the person’s legal rights while arresting them on burglary charges.
- The property in question is not a dwelling as defined by Virginia’s legal system.
You have rights. We can fight for them
Burglary cases in Virginia can be complicated. The standard of proof is also very high. In order for you to be charged with burglary, police and prosecutors need to prove that you unlawfully entered someone else’s property with the intention of committing a crime. If not, in most cases, your criminal charges should be dismissed or reduced to a lesser charge.
Our Norfolk, VA burglary defense lawyers know the law and understand which legal strategies can often be the most successful. That’s why people often rely on us if they have been charged with burglary or another serious criminal offense in Norfolk, Newport News, Virginia Beach, or another nearby city. Our trial attorneys have extensive courtroom experience in the 4th Judicial Circuit of Virginia (Norfolk), the 2nd Judicial Circuit of Virginia (Virginia Beach) and other nearby jurisdictions in the Hampton Roads, VA area.
Put your trust in a Virginia law firm that puts your needs first. Contact us and schedule a free case evaluation with one of our experienced Virginia criminal defense attorneys right away. Our mission is your freedom.