There is a variation in the definition of burglary in different states. For example, burglary is the crime that takes place in the dwelling-house of another at night, while some have broadened the definition by including businesses and illegal entries during the day. In Virginia, the unlawful entry into any structure including home and business, with the intent to commit a crime inside is referred to burglary. According to burglary laws in Loudoun Virginia, physical breaking are not required. The offender can simply trespass through an open door. Unlike robbery, which is involved in the use of force or fear to obtain property of someone, no victim is usually required to be present during a burglary.
Degrees of Burglary:
The burglary laws in Loudoun Virginia have established two types of burglary, first degree and second-degree burglary. First-degree burglary is defined as any burglary, which is involved in the inhabited dwelling. An inhabited dwelling is any house, vessel, or other property designed for habitation and currently inhabited at the time of crime committed. Currently inhabited is defined as, the property was used as a dwelling when the crime was committed, even if nobody was occupying the property then. It also includes the properties that were abandoned by any natural disaster or local emergency as currently inhabited properties. The burglary laws in Loudoun Virginia state that any burglary not qualifying as the first-degree burglary will proceed as a case of second-degree burglary which includes commercial burglary of business or a store.
Penalties charged on the Offender:
A person who is convict of burglary can be charged under the category of a felony or misdemeanor depending on the degree of crime that is committed. For first-degree burglary, the accused can be charged with a felony. Up to 6 years in country jail with a maximum fine of $1,000, probation, restitution to the victim can be sentenced to the offender. An individual who is charged with second-degree burglary is sentenced as a misdemeanor. According to the burglary laws in Loudoun Virginia, they can face jail for up to 1 year, maximum fine, probation, and restitution. They are also called as wobblers. Another type of burglary degree is burglary with explosives. The convict of this form can be charged under felony category, with up to 7 years in jail, probation or parole and restitution to the victim.
Possible Defenses:
There is certain affirmative defense present for burglary, just like other crimes. Every individual has the right to defend themselves against the criminal charges. A person who has committed burglary can claim that they were coerced into the act, they had the permission to enter, they did not intent to commit the crime, the building was not labeled as “structure” under the legal definition, etc. To understand the burglary laws in Loudoun Virginia and to plan a comprehensive defense tool, an individual can consult with a skilled and experienced lawyer. These lawyers can legally assist them during the court proceedings. These defense lawyers critically analyze the facts of the case and law of burglary that are needed to fight against the burglary charges.