Breaking and Entering Law West Virginia
The breaking and entering laws of West Virginia view the taking of the property or possessions of another person as a criminal offense. While the punishments for burglary are less severe as compared to several other crimes, its repercussions may damage the reputation of a person who has been charged with it. Every state has distinct punishments for burglary. However, such punishments can change from time to time.
Burglary in West Virginia
According to the breaking and entering law of the state, a burglary is said to have occurred when a person enters without breaking or breaks and enters an outbuilding, which adjoins a dwelling or a dwelling house having the intention of committing a crime.
The criminal code of West Virginia has defined burglary as a “dwelling house.” The term includes not only standard homes nut also certain alternative structures that are listed below:
- Modular home
- Mobile home
- House trailer
- Factory-built home
- Adjoining outbuildings such as guest house and garage etc.
- Self-propelled motor home
Punishment for breaking and entering in West Virginia
If a person is convicted of a burglary in West Virginia, the offenses are looked upon as a felony. The guilty are punished by sending them to one of the state correctional facilities for a period of 1 to 15 years.
Entry into a building apart from dwelling (motorcar, traction or railroad car, steamboat, or other vessels)
It is an offense in West Virginia when a person enters without breaking or breaks and enters in any of the following structures with the intention of committing larceny or a felony:
- Banking house
- Any building or house apart from an adjoining outhouse or a dwelling house
- Traction or railroad car
- Steamboat, vessel or any other boat
- Any public utility, industrial, or commercial property enclosed by a wall or a fence among others
Trespassing in West Virginia
According to West Virginia breaking and entering law, trespassing happens when a person without having a proper invitation, license, or authorization and knowingly enters or stays back in a property apart from a conveyance or a structure. The person concerned was issued a notice to not stay or enter the property by means such as fencing or posting.
- A person convicted of trespassing in the state of West Virginia will be penalized with a maximum fine of 100 USD. The offense is looked upon by the state law as a misdemeanor.
- In case the accused does not obey the order to go away even when the owner or tenant’s agent, tenant, or the owner tells him/her to do so, the person will be held guilty of committing a misdemeanor. Once found guilty of the offense, the person can be penalized by a maximum prison term of 6 months and/or a fine amount between 100 USD and 500 USD.
- When the offender is carrying a deadly weapon such as a firearm during such intrusion and had the felonious and unlawful intention of causing physical injury to someone else while committing the crime of trespassing shall be guilty of the commission of a misdemeanor. Upon convicted, the guilty have to serve a maximum prison term of 6 months in county jail and/or a maximum fine of 100 USD.
If a person has been slapped with charges of breaking and entering into someone else’s property in West Virginia, it is advisable to contact a good lawyer to represent their case.
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