Burglary Lawyer Fairfax — What Are Your Defense Options?
Burglary in Fairfax County is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County, including cases for breaking and entering. A skilled burglary lawyer Fairfax can challenge evidence and protect your rights from the start. Contact us 24/7 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-89 as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The statute is strictly construed, meaning the prosecution must prove every element beyond a reasonable doubt. A related charge, breaking and entering under Va. Code § 18.2-91, involves entering a building with intent to commit larceny, assault, or other felony, regardless of the time of day.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm has a background in accounting and information systems, providing a unique advantage in cases involving property crimes and financial evidence.
Official Legal Resources
- Va. Code § 18.2-89 (official Virginia General Assembly) – Defines the crime of burglary.
- Fairfax County General District Court – Official court website for case information and procedures.
Local Court Process for Burglary Charges in Fairfax
In Fairfax County, burglary cases begin with an arrest and an initial appearance before a magistrate. The case is then heard in Fairfax County General District Court for a preliminary hearing to determine probable cause. Because burglary is a felony, it will be certified to the Fairfax County Circuit Court for a jury trial if probable cause is found. Prosecutors in this jurisdiction often pursue serious penalties, making early and strategic defense critical.
- Initial Arrest & Bond Hearing: You will be taken before a magistrate who sets a bond amount. An attorney can argue for personal recognizance or a lower secured bond.
- Preliminary Hearing (GDC): A hearing in Fairfax County General District Court where the prosecution must show probable cause that a burglary occurred.
- Grand Jury Indictment: The case is presented to a grand jury in Circuit Court, which issues a formal indictment.
- Arraignment in Circuit Court: You formally enter a plea of not guilty, and the court sets a trial schedule.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence and negotiates with the prosecutor.
- Trial or Disposition: The case proceeds to a jury trial or is resolved through a negotiated plea agreement.
Potential Penalties for Burglary in Virginia
In Fairfax County, burglary is a Class 3 felony punishable by 5 to 20 years in prison and a fine of up to $100,000. If armed with a deadly weapon, it becomes a Class 2 felony (20 years to life).
| 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. |
| Burglary while Armed | Class 2 Felony | 20 years – Life | Up to $100,000 | None directly | Mandatory minimum sentences apply. |
| Breaking & Entering (Va. Code § 18.2-91) | Class 6 Felony | 1 – 5 years (or up to 12 months) | Up to $2,500 | None directly | Can be reduced to misdemeanor at jury discretion. |
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 and brings over 120 years of combined legal experience to every case. Our founder, Mr. Sris, is a former prosecutor with a background in accounting and information systems, which is particularly valuable for dissecting financial evidence often involved in property crime cases. We have a documented record of 4,739+ case results firm-wide with a 93%+ favorable outcome rate.
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 in Fairfax County
Our firm has a strong track record in Fairfax County courts. We have 501 documented local results, including 336 cases dismissed or found not guilty and 143 charges reduced or amended. For example, our team has successfully defended against charges like “Obtain Money on False Pretence,” resulting in reduction to a misdemeanor disposition.
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally amended Virginia’s equitable distribution statute.
Contact Our Fairfax Burglary Defense Lawyers
Our Fairfax location at 4008 Williamsburg Ct, Fairfax, VA 22032 serves clients at the Fairfax County courts. We are your local burglary lawyer near Fairfax, serving communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct
Fairfax, VA 22032
By appointment only.
Fairfax Burglary Lawyer FAQ
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 house at night with criminal intent. Breaking and entering (Va. Code § 18.2-91) involves entering any building (day or night) with the same intent. The penalties and elements of proof differ, making the advice of a breaking and entering defense lawyer Fairfax essential.
Can a burglary charge be reduced to a misdemeanor in Fairfax County?
It depends. While burglary itself is a felony, related charges like trespassing or petit larceny are misdemeanors. A skilled burglary charge defense lawyer Fairfax can negotiate with prosecutors to reduce the charge based on evidence weaknesses, your background, and case circumstances. Successful outcomes often hinge on early intervention.
What should I do if I am arrested for burglary in Fairfax?
First, remain silent and ask for a lawyer immediately. Do not discuss the case with anyone. Contact a burglary lawyer Fairfax as soon as possible. Your attorney can intervene at the bond hearing, start investigating the evidence, and protect your rights during questioning. The sooner you have legal representation, the better your position.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for a non-criminal purpose), mistaken identity, insufficient evidence, unlawful search and seizure, or consent to enter. An experienced burglary lawyer Fairfax will examine police reports, witness statements, and physical evidence to identify the strongest defense strategy for your specific situation.
How long does a burglary case take in Fairfax County?
A felony burglary case typically takes 3 to 9 months from arrest to resolution in Fairfax County Circuit Court. The timeline includes a preliminary hearing in General District Court, grand jury indictment, arraignment, pre-trial motions, and either a trial or plea negotiation. Complex cases can take longer.
Internal Resources
- Virginia Criminal Defense Lawyer – Our state-level hub for criminal defense information.
- Criminal Defense Lawyer Fairfax City – Defense representation in the independent city of Fairfax.
- Fairfax DUI Lawyer – Legal help for DUI charges in the same locality.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.