Burglary Lawyer Fairfax County — What Are Your Defense Options?
Burglary in Fairfax County is a serious felony under Va. Code § 18.2-89, carrying up to life in prison. A burglary lawyer Fairfax County from Law Offices Of SRIS, P.C. is critical for your defense. Our firm has 501 documented results in Fairfax County: 336 dismissed/not guilty, 143 reduced/amended. We provide 24/7 phone consultations.
Virginia Burglary Law and Penalties
Burglary is defined under Virginia law as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The specific statute is Va. Code § 18.2-89. Breaking and entering a dwelling house in the daytime with the same intent is also burglary under § 18.2-91. The severity of the charge depends on factors like the type of building, time of day, and whether the defendant was armed.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to Va. Code § 18.2-89 (official Virginia General Assembly). Court information and procedures can be found on the Fairfax County General District Court website.
Fairfax County Burglary Defense Process
In Fairfax County, burglary charges are prosecuted aggressively by the Commonwealth’s Attorney. A burglary charge defense lawyer Fairfax County must immediately challenge the prosecution’s evidence of intent and unlawful entry. The court at 4110 Chain Bridge Road handles preliminary hearings, while felony trials proceed in Circuit Court.
- Secure representation immediately after arrest or summons.
- Your attorney will file for discovery to obtain all prosecution evidence.
- A motion to suppress evidence may be filed if rights were violated during the investigation.
- Your lawyer will negotiate with the prosecutor, seeking a reduction to a lesser offense like trespassing.
- If no favorable plea is reached, your case will proceed to a preliminary hearing in General District Court.
- A strong defense at trial will focus on reasonable doubt regarding intent or unlawful entry.
Potential Penalties for Burglary in Fairfax County
In Fairfax County, burglary is a felony punishable by 5 years to life in prison, with fines up to $100,000, depending on the specific circumstances and whether a weapon was involved.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Night, Dwelling) | Class 3 Felony | 5-20 years | Up to $100,000 | None | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Burglary (Daytime, Dwelling) | Class 3 Felony | 5-20 years | Up to $100,000 | None | Same as above. |
| Burglary with Deadly Weapon | Class 2 Felony | 20 years to life | Up to $100,000 | None | Enhanced penalties, mandatory minimum sentences may apply. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to every case. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous defense. We have documented 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into case construction and police procedures.
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
Law Offices Of SRIS, P.C. has 501 documented criminal defense results in Fairfax County, including cases involving breaking and entering and theft-related charges. These results include 336 cases dismissed or found not guilty, and 143 charges reduced or amended to lesser offenses.
Results may vary. Prior results do not guarantee a similar outcome.
- Case: Obtaining Money Under False Pretenses (Felony) – Result: Charge reduced to a misdemeanor with suspended jail time.
- Case: Non-Compliance with VASAP – Result: Probation revoked and reinstated under modified terms.
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.
Burglary Defense Lawyer Near Fairfax County
Our Fairfax location serves clients at the Fairfax County courts. We are a local burglary lawyer near Fairfax County, accessible from all major highways. We serve communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Fairfax County Burglary Lawyer FAQ
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary under Va. Code § 18.2-89 requires entering a dwelling at night with intent to commit a felony, larceny, or assault. Breaking and entering under § 18.2-91 involves entering any building (not just a dwelling) with the same intent. A breaking and entering defense lawyer Fairfax County can explain which charge applies to your case.
Can a burglary charge be reduced to a misdemeanor?
It depends. While burglary is a felony, a skilled burglary charge defense lawyer Fairfax County may negotiate a reduction to a misdemeanor like trespassing or unlawful entry if the evidence of intent is weak or if you have no prior record. Outcomes depend on the specific facts and the prosecutor’s case.
What are the defenses to a burglary charge?
Common defenses include lack of intent to commit a crime inside, mistaken identity, lawful right to enter the property, or insufficient evidence proving you were the person who committed the act. An attorney will investigate all possible defenses based on police reports and witness statements.
Do I need a lawyer for a burglary charge in Fairfax County?
Yes. Burglary is a serious felony with potential life-altering penalties. The Fairfax County Commonwealth’s Attorney prosecutes these charges aggressively. A burglary lawyer Fairfax County is essential to protect your rights, challenge evidence, and work toward the best possible outcome, which could include case dismissal or charge reduction.
What happens at a preliminary hearing for burglary?
The preliminary hearing is held in Fairfax County General District Court. The prosecutor must show probable cause that a burglary occurred and that you committed it. Your attorney can cross-examine witnesses and argue to have the charge dismissed if the evidence is insufficient to proceed to Circuit Court for trial.
Internal Resources
For more information, visit our Virginia Criminal Defense hub page. We also assist clients in nearby areas like Falls Church and Prince William County. If you are facing other charges, see our pages for DUI defense in Fairfax or family law matters.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.