If any person break and enter the dwelling house of another in the nighttime with intent to commit a felony or any larceny therein, he shall be guilty of burglary, punishable as a Class 3 felony; provided, however, that if such person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.
Va. Code Ann. § 18.2-89
Burglary; how punished
Applied in 16 court decisions — leading case United States v. Hill (1989)
Most recently applied in United States v. Torrez (August 2017)
Code 1950, § 18.1-86; 1960, c. 358; 1975, cc. 14, 15.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.