Virginia Burglary Penalties (2026)

Burglary and breaking-and-entering charges charges in Virginia: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing burglary charges in Virginia, consult a licensed Virginia criminal defense attorney.

Virginia Burglary Penalties

OffensePenalty
First OffenseClass 3 felony: 5–20 years prison
Second OffenseClass 2 felony (1st degree): 20 years to life

VA Code §18.2-89; statutory burglary (nighttime/weapon) is Class 2 felony

Burglary Statute of Limitations in Virginia

In Virginia, the statute of limitations for theft and property crimes is generally None.

See all Virginia statutes of limitations →

Defending Against Burglary Charges in Virginia

Common defenses in Virginia burglary cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Virginia criminal defense attorney for advice.

Related Virginia Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication