Reporting an Illegal Entry Into a Private Residence
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 28, 2026
Legal Inquiry
Consumer Legal Issue
Illegally entering my house, police.
Attorney Answer
Your one-word "Yes" doesn't establish whether property was taken or damaged, whether entry was through a door or window, or both — and which Virginia offense applies here depends entirely on those missing facts.
If something was taken from your home, this could be statutory burglary, a felony covering breaking and entering a dwelling with intent to commit larceny (or assault or another felony) once inside. If nothing was taken, be careful about the word "trespass." Virginia's simple trespass statute, Va. Code § 18.2-119, reaches only a person who goes upon or remains upon your property "after having been forbidden to do so" — orally, in writing, or by a posted sign. If you had never told this person to stay away, no simple trespass was committed and that charge is not available to you. Two other statutes are the ones to ask about. Va. Code § 18.2-121 makes it a Class 1 misdemeanor to enter another person's dwelling for the purpose of damaging it or its contents, or in any manner to interfere with the owner's or occupant's right to use the property free from interference. And Va. Code § 18.2-92 makes breaking and entering an occupied dwelling with intent to commit any misdemeanor other than assault and battery or trespass a Class 6 felony, or a Class 2 felony if the person was armed with a deadly weapon. Which one fits your situation turns on facts that aren't yet established, including whether you had ever forbidden this person from coming to the house.
What you can do:
1. Understand that as the victim, you don't personally "charge" anyone — you file a police report, and the Commonwealth's Attorney independently decides whether to prosecute and under which offense.
2. When you file the report, get the report or case number so you can follow up on the investigation and any charging decision.
3. Preserve evidence that matters under either scenario: photograph any damage to locks, doors, or windows, save security or doorbell camera footage, and record contact information for any witnesses.
4. If anything is missing, document it with photos, receipts, or serial numbers, since that supports the more serious charge.
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Frequently Asked Questions
What is the difference between burglary and trespass in an unlawful home entry?
Burglary involves entering a dwelling with intent to commit a crime such as theft once inside. Simple trespass is narrower than most people assume: under Va. Code § 18.2-119 it applies only to someone who goes upon or remains upon the property "after having been forbidden to do so," orally, in writing, or by a posted sign. An uninvited entry by someone who was never given that notice is not simple trespass, which is why unlawful entries are often charged under Va. Code § 18.2-121 or § 18.2-92 instead.
Does a homeowner decide what charges are filed after reporting a break-in?
No, generally the victim files a police report, and the prosecutor's office independently decides whether to bring charges and which offense applies based on the evidence gathered.
What evidence should be preserved after an unlawful entry is discovered?
Photographing damage to doors, locks, or windows, saving any security or doorbell camera footage, and documenting anything missing can generally support both the investigation and any later prosecution.
