Legal Question in Criminal Law in Virginia

B&E Intent to commit Larceny or a felony

I am being charged with b&e w/the intent to commit larceny or a felony. the aledged victim is my wife (soon to be ex-wife). my wife has a video of me entering her home, I have a key to her house to both front and back door. I guess she is claiming that I broke in and intended to steal something. Nothing was stolen nor was anythign broken. What sort of proof other then the video do they have to have to prove intent to commit larceny? if that is the only thing they have and that can not prove the intent of larceny then I am in the clear.... If you could e-mail me back with your answer that would be great. [email protected]


Asked on 9/20/02, 4:17 pm

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

Re: B&E Intent to commit Larceny or a felony

Significant questions remain to be answered, such

as whether you had your wife's permission to enter

her home when you did,(The fact that you had keys to do so means nothing), and what was your purpose in entering her house?

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Answered on 10/07/02, 5:01 pm
Patrick Stiehm Stiehm Law Office

Re: B&E Intent to commit Larceny or a felony

On he facts you have presented the charge seems very thin. When I was a prosecutor, I would

not have charged you on those facts. I don�t think most prosecutors would, which makes me

think you are missing something.

In any case, what you indicate you are being charged with is a felony and you need an attorney. Either hire one or if you can�t afford one you ask the Judge to appoint one for you.

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Answered on 9/20/02, 4:31 pm


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