Burglary Lawyer Colonial Heights — What Are Your Defense Options?
A burglary charge in Colonial Heights is a serious felony under Va. Code § 18.2-90, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. provides defense for breaking and entering charges in Colonial Heights General District and Circuit Courts. Our burglary lawyer Colonial Heights team, including former prosecutor Kristen Fisher, has documented results defending property crime charges.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-90 as entering a dwelling house in the nighttime with intent to commit a felony, larceny, or assault. The statute is part of Title 18.2 of the Virginia Code, which governs crimes and offenses. A conviction is a Class 3 felony, punishable by 5 to 20 years in prison and a fine up to $100,000. If armed with a deadly weapon, it becomes a Class 2 felony with a mandatory minimum sentence.
Last verified: April 2026 | Colonial Heights General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the burglary statute, refer to the Va. Code § 18.2-90 (official Virginia General Assembly website). Court procedures and filings for Colonial Heights cases are handled at the Colonial Heights General District Court website.
Defending a Burglary Charge in Colonial Heights
Colonial Heights prosecutors must prove every element of burglary beyond a reasonable doubt: unlawful entry, of an occupied dwelling, at night, with criminal intent. A common defense challenges the intent element or argues mistaken identity. The case begins at Colonial Heights General District Court for a preliminary hearing before moving to Circuit Court for trial.
- Secure representation immediately after arrest or summons.
- Your attorney will file for discovery to obtain all police reports and evidence.
- Attend the preliminary hearing in Colonial Heights General District Court to challenge probable cause.
- If the case proceeds, negotiate with the Commonwealth’s Attorney for a reduction (e.g., to trespassing).
- Prepare for a jury trial in Colonial Heights Circuit Court if no acceptable plea agreement is reached.
- Explore post-trial motions or appeals if convicted.
Potential Penalties for Burglary in Colonial Heights
In Colonial Heights, burglary is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000, with enhanced penalties if a weapon was involved.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-90) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None directly | Permanent felony record, loss of firearm rights, difficulty finding employment/housing |
| Burglary while armed | Class 2 Felony | 20 years to life (mandatory min.) | Up to $100,000 | None directly | Same as above, plus violent felony designation |
| Statutory Burglary (daytime/commercial) | Class 4 Felony | 2 – 10 years | Up to $100,000 | None directly | Permanent felony record |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of favorable outcomes in criminal defense across Virginia. Our approach is grounded in a deep understanding of both prosecution tactics and defense strategies.
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 Outcomes
Our firm has achieved documented results in criminal cases across Virginia. In Colonial Heights, our focus on thorough case preparation and challenging the prosecution’s evidence has led to favorable resolutions for clients facing serious charges. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases, leveraging his experience as a former prosecutor and his deep knowledge of Virginia criminal law.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Lawyer Near Colonial Heights, VA
Our Richmond location serves clients at the Colonial Heights courts. We are accessible via I-95, I-295, Route 1, and Route 144 (Temple Avenue). We provide legal representation to individuals throughout Colonial Heights.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Phones 24/7/365; Office by appointment. By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Burglary Charges in Colonial Heights
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary under Va. Code § 18.2-90 requires entering a dwelling house at night with intent to commit a felony, larceny, or assault. “Breaking and entering” is a broader term often used for statutory burglary (Va. Code § 18.2-91), which can involve daytime entry or targeting a non-dwelling, and is typically a Class 4 felony.
Can a burglary charge be reduced to a misdemeanor in Colonial Heights?
It depends on the case facts and your criminal history. A skilled breaking and entering defense lawyer Colonial Heights can negotiate with the Commonwealth’s Attorney. Reductions to misdemeanor trespassing (Va. Code § 18.2-119) or unlawful entry are possible, especially for first-time offenders or when evidence of intent is weak.
What should I do if I am arrested for burglary in Colonial Heights?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a burglary charge defense lawyer Colonial Heights as soon as possible to begin building your defense. The first steps are critical for preserving your rights and challenging the evidence.
How long does a burglary case take in Colonial Heights courts?
A burglary case can take several months to over a year. The preliminary hearing in Colonial Heights General District Court is typically within a few months of arrest. If bound over, the felony trial in Colonial Heights Circuit Court may be scheduled 3 to 9 months later, depending on the court’s docket.
What are the defenses to a burglary charge?
Common defenses include lack of intent (you had permission to enter), mistaken identity, an alibi proving you were elsewhere, or challenging the legality of the evidence against you. A burglary lawyer Colonial Heights will investigate all angles, including police procedure and witness credibility.
For more information on related charges, see our pages on Virginia criminal defense or criminal defense in Chesterfield County. If you are facing other legal issues, consider a Colonial Heights DUI lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.