A co-worker has an acquaintance just picked up for attempted burglary in Fairfax, VA.
In the course of the discussion we realized that neither of us knows the penalty for it and a Google search turned up zip. Although, I do know that burglary itself is a Class 3 felony here.
So, LegalDopers, what is the penalty for attempted burglary here in Virginia? And what is the usual sentence?
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-10
© For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
I dont know beyond that if there are suspended sentences or things like that.
First of all, I should point out that burglary in Virginia has a statutory enhancer: if armed with a deadly weapon during the entry, it’s a Class 2 felony.
In Virginia, an inchoate crime - an attempt - is not punished in the same way the completed crime would be. An attempt of a Class 3 felony is punishable as a Class 5 felony (1-10 years prison, or jail for not more than 12 months, and a fine of not more than $2,500).
An attempt at a Class 2 felony (burglary while armed with a deadly weapon) is punishable as a Class 4 felony (2-10 years and/or fine of up to $100,000).
Aha! I was scanning through the VA criminal code, but didn’t know what inchoate meant so I skipped that section. Gracias, Bricker.