Proving a Richmond Burglary Case
Not unlike other theft cases, it is the prosecution’s duty to prove that the crime the accused is charged with actually occurred. When the prosecution attempts proving a Richmond burglary case, they must show that the alleged breaking and entering was done so with the intent to commit some form of crime.
If a person is caught breaking and entering in a dwelling place at night time with the intent to commit a felony or any larceny, it will be a Class 3 felony. A felony or any larceny is a serious criminal offense and should be dealt with by speaking with a savvy burglary attorney right away.
How is Burglary Commonly Proven?
When proving a Richmond burglary case, the prosecution must show that there was some form of a breaking or opening without permission prior to entry. They must prove that the accused, in fact, burglarized a dwelling or someone’s home. A dwelling place is a place in which someone is living or meant to be living. The breaking and entering must be done at nighttime for burglary or it can be done in the daytime and considered statutory burglary.
What is Considered a Deadly Weapon?
A deadly weapon is considered an instrument likely to produce death or great bodily harm in the way in which it is used. The weapon can either be deadly or unsafe like a firearm, a gun, a knife, et cetera, or the weapon can be deadly and misused.
Potential for Aggravated Penalties
The likelihood of conviction increases if during the breaking and entering the Commonwealth can try proving a Richmond burglary case by showing that the accused intended to act in a deadly fashion. An example of this is if a person breaks and enters with floss in their pocket, then the individual is probably not going to be charged with a deadly weapon code section which amplifies the penalty.
How the Use of a Deadly Weapon Could Impact One’s Case
The big change in the breaking and entering or burglary statutes is if it involves a deadly weapon. If a person commits a breaking and entering with an intent to commit a misdemeanor assault and battery would likely be treated the same as a burglary with a deadly weapon.
In many cases, proving a Richmond burglary case qualifies the offense as a Class 2 felony. This means the individual charged could face 20 years to life in jail if convicted. If done with the intent to commit any misdemeanor other than assault, a larceny or a trespass, then it is a Class 6 felony which is either no time or up to five years. Therefore, it is critical to speak with an attorney before the prosecution can make their case on proving the burglary offense.
