Virginia Code Title 18.2. Crimes and Offenses Generally § 18.2-91. Entering dwelling house, etc., with intent to commit larceny, assault and battery or other felony

If any person commits any of the acts mentioned in § 18.2-90 with intent to commit larceny, or any felony other than murder, rape, robbery or arson in violation of §§ 18.2-77 , 18.2-79 or § 18.2-80 , or if any person commits any of the acts mentioned in § 18.2-89 or § 18.2-90 with intent to commit assault and battery, he shall be guilty of statutory burglary, punishable by confinement in a state correctional facility for not less than one or more than twenty years or, in the discretion of the jury or the court trying the case without a jury, be confined in jail for a period not exceeding twelve months or fined not more than $2,500, either or both.  However, if the person was armed with a deadly weapon at the time of such entry, he shall be guilty of a Class 2 felony.