Burglary is generally the unlawful entry of a building or structure to commit a felony criminal offense (crime), theft, or assault. The definition of burglary varies from state to state (and in the federal system), and some states have different degrees of severity of the burglary offense—depending on the nature of the unlawful entry (type of building or structure), the intended purpose, and the illegal action taken by the defendant once inside the building or structure. In some states, breaking into an automobile, a coin-operated machine, or an ATM (automated teller machine) with the intent to commit a theft may also constitute the crime of burglary.

In Virginia, burglary is defined under Virginia Code § 18.2-89 as the act of breaking and entering the dwelling of another in the nighttime with the intent to commit a felony or any larceny (theft) therein. This traditional definition of burglary has been expanded by other statutes to include various circumstances. For example, Virginia Code § 18.2-90 covers breaking and entering with intent to commit other misdemeanors, and § 18.2-91 deals with entering dwellings without breaking with the same intent. Virginia recognizes different degrees of burglary, with the severity of the charge often depending on factors such as whether the defendant was armed with a deadly weapon or if the burglary occurred during the day or night. Additionally, Virginia law also criminalizes the entry into any building with the intent to commit murder, rape, robbery, or arson, regardless of the time of day, under § 18.2-92. The state does not limit the definition of burglary to traditional buildings or dwellings; entering structures like automobiles or ATMs with the intent to commit theft can also be prosecuted under Virginia's burglary statutes, depending on the specific circumstances of the crime.