Burglary Lawyer Virginia — What Are Your Defense Options?
Burglary in Virginia is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. If you are charged, you need a burglary lawyer Virginia from Law Offices Of SRIS, P.C. Our firm has 120+ years of combined experience and documented results defending clients across the state. Contact us 24/7 for a consultation by appointment.
Last verified: April 2026 | Virginia Courts | Virginia General Assembly
Virginia Burglary Law and Penalties
Virginia law defines burglary as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The statute, Va. Code § 18.2-89, classifies it as a Class 3 felony. A conviction can result in a prison sentence of 5 to 20 years and a fine of up to $100,000. If the perpetrator is armed with a deadly weapon, the charge escalates to statutory burglary while armed, which carries even more severe penalties. The specific court handling your case depends on your locality, such as the Fairfax County Circuit Court for felony charges.
In Virginia, a burglary conviction carries a mandatory prison sentence of 5 to 20 years, a substantial fine, and creates a permanent felony record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None directly | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Armed) | Class 2 Felony | 20 years to life | Up to $100,000 | None directly | All of the above, with a significantly longer mandatory minimum sentence. |
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense Strategy for Burglary Charges
Virginia statewide practice requires a defense strategy that addresses both the breaking and entering element and the intent. Prosecutors must prove you entered a structure without authority and did so with the specific intent to commit a crime inside. A skilled breaking and entering defense lawyer Virginia will challenge the evidence on both points. Common defenses include lack of intent, mistaken identity, unlawful search and seizure, or that the entry was authorized.
- Initial Consultation & Case Review: Contact our firm immediately after arrest or receiving a summons. We will review the arrest report and warrants with you.
- Investigation & Evidence Challenge: We investigate the scene, witness statements, and police procedures to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: We file motions to suppress evidence obtained illegally or to dismiss charges if the prosecution lacks probable cause.
- Negotiation & Trial Preparation: We engage with the Commonwealth’s Attorney to seek a reduction or dismissal. If no fair offer is made, we prepare for a jury trial.
- Trial & Sentencing: We provide aggressive representation at trial. If a conviction occurs, we advocate for the most lenient sentence possible.
Why Choose Our Virginia Burglary Defense Team
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to your defense. Our team understands the high stakes of a felony burglary charge. We have a documented record of achieving favorable outcomes for our clients by meticulously building defenses that challenge the prosecution’s case at every stage.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results and Client Advocacy
Our firm-wide record includes 4,739+ documented case results with over 93% favorable outcomes across Virginia, Maryland, New Jersey, New York, and DC. While every case is unique, our approach is consistent: we provide a vigorous, detail-oriented defense. For instance, our team, including Mr. Sris, has successfully negotiated reductions from felony burglary to misdemeanor trespassing in cases where the evidence of intent was weak.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Fairfax County
Our Fairfax location is centrally located to serve clients across Northern Virginia. We represent individuals in Fairfax County, Arlington, Loudoun, Prince William, and surrounding communities. If you need a burglary charge defense lawyer Virginia, we are accessible.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions (Burglary Charges in Virginia)
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary (Va. Code § 18.2-89) requires entering a dwelling at night with intent to commit a felony, larceny, or assault. Breaking and entering (Va. Code § 18.2-91) involves entering a building (not necessarily a dwelling or at night) with the same intent. Burglary is generally a more serious felony.
Can a burglary charge be reduced to a misdemeanor in Virginia?
It depends. A skilled burglary lawyer Virginia may negotiate a reduction to a misdemeanor like trespassing (Va. Code § 18.2-119) if the evidence for the felony intent is weak, the defendant has no prior record, or there are procedural issues with the case. This avoids the mandatory prison time of a felony conviction.
What are the possible defenses to a burglary charge?
Common defenses include lack of intent to commit a crime inside, mistaken identity, consent to enter the property, an unlawful search that yielded evidence, or insufficient evidence that a “breaking” occurred. A breaking and entering defense lawyer Virginia will identify the best defense strategy based on the specific facts.
Do I need a lawyer for a first-time burglary charge?
Yes. Burglary is a felony with a mandatory prison sentence upon conviction. The consequences are severe and lifelong. A public defender may be appointed if you qualify, but a private burglary charge defense lawyer Virginia can often provide more focused attention and resources to build your defense.
How long does a burglary case take in Virginia?
A felony burglary case can take several months to over a year. The process includes a preliminary hearing in General District Court, followed by indictment and trial in Circuit Court. The Virginia speedy trial right means a felony trial must start within nine months if the defendant is jailed, or five months for a misdemeanor.
Internal Links: For more information on criminal defense, see our Virginia Criminal Lawyer hub page. We also assist clients in nearby areas like Henrico County and with related charges such as Reckless Driving in Fairfax.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.