Richmond Burglary Penalties
When someone is facing burglary charges, there are potential consequences if they are convicted of these charges. It is critical that someone has legal representation. There can be serious penalties associated with burglary. An experienced attorney has the knowledge to fight the prosecutor’s evidence and do everything in their power to lower potential penalties and consequences of a conviction.
Factors that Elevate Burglary Charge
The standard burglary charge is a Class 3 felony and that is when a person breaks and enters with the intent to commit a felony or any larceny offense. What elevates that is if they carry a deadly weapon. If a person has a deadly weapon, it goes from a Class 3 felony to a Class 2 felony which carries 20 years to life in jail from 5 to 20 years in jail.
If a person does the breaking and entering with the intent to commit a misdemeanor assault and battery, then they are looking at one to 20 years in jail. However, once again, if they use a deadly weapon, it is a Class 2 felony, 20 years to life. If a person breaks and enters with the intent to commit any misdemeanor other than an assault, a larceny or trespass, then they are looking at a Class 6 felony, which is no time to five years in jail. However, if they have a deadly weapon, it jumps to 20 years to life.
If a person breaks into a bank, it is a Class 3 felony, 20 years to life and once again, the biggest caveat is the question of: Was there use of a deadly weapon or any instrument likely to produce death or bodily harm in the way in which it is used? It can be deadly on its face, or it can be deadly in its use. And the Commonwealth has the burden of proving the weapon was in fact deadly.
Possible Penalties
There are several penalties for burglary. A person can either be charged as low as a felony offense, a Class 6 felony, which is no time at all up to five years or as high as life in prison if a deadly weapon is used or it is a bank burglary. Penalties will vary but, generally speaking, a person is looking somewhere between 5 and 20 years on a burglary.
Aggravating Factors
The two biggest aggravating factors are going to be the intent of the burglar and the use of a deadly weapon. Generally speaking, the more nefarious the intent of the burglar, the more egregious the crime is considered. An example: If a person commits a break and enter with the intent to commit a misdemeanor other than an assault, a larceny or a trespass, then the burglary (which carries a Class 6 felony) carries no jail time to 5 years. If a person intends to rape someone, it is a Class 3 felony which carries five to 20 years. If a person intends to kill someone, the result is 20 years to life. If a person is carrying a deadly weapon or using a deadly weapon, no matter what their intent, it is 20 years to life.
Obtain a Lawyer
There are several benefits to having a Richmond burglary lawyer who understands the local policies and understands Richmond burglary penalties. There can be severe consequences for burglary. An experienced attorney can help a person through this process, prepare for a trial, and examine any evidence.
If you are facing charges for burglary, it is critical that you obtain a lawyer. They understand the local policies and can determine the best course of action. An attorney can represent you in court, file any motions, and advocate on your behalf.
