Legal Question in Criminal Law in Virginia

Breaking & Entering

Broke into a barn. Is this considered a dwelling? No locks on doors and no glass in the windows.


Asked on 3/12/09, 9:59 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Breaking & Entering

Probably not, but if there was a sleeping bag in the loft, you might find yourself charged with burglary.

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Answered on 3/12/09, 10:10 am
Jonathon Moseley Moseley & Associates Law Firm

Re: Breaking & Entering

Of course not. That's classic black-letter law. Now, it is possible for a barn to be converted into a dwelling. And if it is attached to the house, things could get fuzzy. But unless it is somehow obvious that it is being used as a dwelling, you cannot be charged with breaking into a dwelling.

The lack of windows on the barn would be a dead giveaway that it is not a dwelling. Get a witness to go look, QUICK, before they change it and add windows, who can testify for you.

If you are charged with breaking and entering a dwelling, the charge is defective.

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Answered on 3/12/09, 12:13 pm


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