Legal Question in Criminal Law in Virginia

Assuming that in the first instance the breaking and entering was done with the

same or similar intent as referenced in the second(or to commit a larceny), there should be no difference as both would qualify as statutory burglary as defined in Va. Code Sec. 18.2-89 and be punished accordingly(Class 3 felony).

However, in the event that the perpetrator broke and entered with the

intent to commit some other misdemeanor offense, it would be

classified as a Class 6 (less serious) felony unless he were armed with

a deadly weapon which would make it a Class 2 felony (also true in the above).