Breaking and Entering of Non-Dwellings: Sheds, Barns, and Storage Units in West Virginia
Breaking into a non-residential structure like a shed, barn, or commercial building is a felony under W. Va. Code § 61-3-12. This crime is legally distinct from home burglary but still carries a severe penalty of 1 to 10 years in the state penitentiary.
Understanding Non-Dwelling Break-Ins in West Virginia
When most people think of a break-in, they picture a masked intruder entering a family home. However, in West Virginia, a massive portion of property crimes involves sheds, barns, and businesses. Breaking into these structures falls under W. Va. Code § 61-3-12, which covers the entry of a building other than a dwelling. Whether the incident occurred at a commercial warehouse in Morgantown or a rural barn in Parkersburg, the state prosecutes these offenses aggressively. If you are facing charges in the Monongalia County Circuit Court, Morgantown or elsewhere, consulting our US Lawyer Directory for a dedicated criminal defense attorney is highly recommended.
Step-by-Step Breakdown of Different Non-Dwelling Structures
The law treats 'other buildings' differently than residential homes. The key difference lies in human habitation. Here is how West Virginia courts categorize various types of outbuildings and commercial spaces.
Hunting Cabins and Seasonal Structures
West Virginia is known for its outdoor recreation, meaning hunting cabins and seasonal camps are common targets for theft during the off-season. The legal classification of a cabin can be tricky. If the cabin is regularly slept in, it might be charged as a residential burglary. However, if it is an uninsulated, rustic structure used only a few weekends a year to store ATVs and hunting gear, prosecutors will generally charge the break-in under W. Va. Code § 61-3-12 as a non-dwelling entry. The precedent for defining these boundaries often relies on cases like State v. Neff, 122 W. Va. 549 (WV Supreme Court 1940).
Detached Garages vs. Attached Garages
Location is everything when it comes to garages. If a garage shares a wall with the main living space of a home (attached), entering it is usually treated as a residential burglary. Conversely, if the garage is completely detached from the house and sits at the back of the property, breaking into it to steal tools or car parts is typically classified as the breaking and entering of an outbuilding. Though the penalty is slightly lower than residential burglary, it remains a serious felony.
Commercial Storage Facilities
Self-storage units are frequent targets for thieves. Renting a unit and breaking into the neighboring units is a common scenario. Each individual storage unit that is breached can result in a separate count of breaking and entering a non-dwelling. Because these facilities are purely for storing property and no one lives inside, they squarely fit the definition of W. Va. Code § 61-3-12.
Retail Storefronts After Hours
Smashing the glass door of a retail shop, pharmacy, or gas station at 2:00 AM to steal merchandise or the cash register is textbook breaking and entering. The intent to commit a larceny is clear. When police file the Form MCRCRCO, West Virginia, Magistrate Court, Criminal Complaint, they will outline the specific point of forced entry. This is entirely separate from shoplifting, which involves stealing while the store is open for business.
Construction Site Trailers
Construction sites are often left unattended overnight. Mobile offices and tool trailers parked at job sites are considered 'buildings' or 'structures' under West Virginia law. If someone uses bolt cutters to remove the padlock on a construction trailer to steal copper wire or power tools, they will face breaking and entering charges, just as if they had broken into a permanent brick-and-mortar warehouse.
How Much Are the Fines and Penalties?
Breaking into a non-dwelling building is not a slap on the wrist; under W. Va. Code § 61-3-12, it is strictly a felony offense with no misdemeanor alternative for buildings.
| Penalty Type | Standard Consequence in West Virginia |
|---|---|
| Prison Sentence | 1 to 10 years in the state penitentiary |
| Criminal Restitution | Mandatory repayment for damaged locks, doors, and stolen goods |
| Vehicle Break-In Distinction | 2 to 12 months in jail (misdemeanor penalties under W. Va. Code § 61-3-12 apply exclusively to vehicles, not buildings) |
How Long Does the Court Process Take?
Because breaking and entering a non-dwelling is a felony, the process follows a lengthy timeline. After your initial appearance in Magistrate Court, you will have a preliminary hearing. If probable cause is found, your case will wait for the next grand jury session. In counties like Wood or Harrison, it can take 3 to 8 months just to be officially indicted. The entire legal battle, from arrest to a potential trial or plea agreement, generally takes between 9 and 15 months.
What is the difference between breaking and entering and trespassing?
Trespassing is simply being on someone else's property or inside a structure without permission. Breaking and entering requires an additional, critical element: the intent to commit a felony or theft (larceny) once inside.
Does it count as 'breaking' if the shed door was already wide open?
West Virginia law covers both 'breaking and entering' and 'entering without breaking.' If you walk through a wide-open barn door with the intent to steal a tractor, you can still be charged with a felony under this statute.
Can the charges be reduced if I return the stolen property?
Returning the property does not erase the crime of breaking and entering, which is complete the moment you enter the building with criminal intent. However, returning items can be used as a mitigating factor by your attorney to negotiate a better plea deal with the prosecutor.
Are juvenile offenders charged as adults for breaking into schools?
Generally, defendants under the age of 18 are processed through the juvenile justice system. However, for serious or repeat offenses, prosecutors can petition the court to transfer the juvenile to adult court, though this is rare for first-time non-violent property crimes.
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