Burglary Lawyer Lexington — What Are Your Defense Options?
Burglary in Lexington is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington. A burglary lawyer Lexington from our firm can challenge the prosecution’s evidence on intent and unlawful entry. Contact us 24/7 for a consultation by appointment.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-89 as breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. It is a Class 3 felony, punishable by 5 to 20 years in prison and a fine of up to $100,000. If the perpetrator is armed with a deadly weapon, the charge becomes statutory burglary while armed, which carries a mandatory minimum sentence. The prosecution must prove every element beyond a reasonable doubt, including the specific intent at the moment of entry. Our firm, founded in 1997 by former prosecutor Mr. Sris, uses this high burden of proof to build a strong defense.
Official Legal Resources
For the full text of the statute, refer to the Va. Code § 18.2-89 (official Virginia General Assembly). Court procedures and filings for Lexington are handled through the Lexington General District Court website.
Local Defense Strategy in Lexington
In Lexington General District Court, felony burglary cases begin with a preliminary hearing to determine if there is probable cause to send the case to Circuit Court for trial. Prosecutors must establish evidence of both the breaking and entering and the specific criminal intent. A common defense is challenging the proof of intent, arguing the accused entered for a non-criminal purpose. Another strategy involves contesting whether a “breaking” occurred, as even pushing open an unlocked door can qualify.
- Initial Arrest & Bond Hearing: After arrest, a magistrate sets bond. For burglary, secured bond is typical.
- Preliminary Hearing: Your attorney can challenge probable cause at a hearing in Lexington General District Court.
- Circuit Court Arraignment: If bound over, you will be formally charged and enter a plea in Lexington Circuit Court.
- Discovery & Motions: Your lawyer reviews all evidence and files pre-trial motions to suppress evidence or dismiss charges.
- Plea Negotiation or Trial: Most cases are resolved through negotiation. If not, your attorney prepares for a jury trial in Circuit Court.
Potential Penalties for Burglary in Lexington
In Lexington, burglary is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000.
| 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 | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Armed) | Class 2 Felony | Mandatory minimum; 20 years to life | Up to $100,000 | None | Same as above, with significantly longer mandatory prison time. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Charge
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our approach is grounded in a deep understanding of local courts. For instance, we know the procedural nuances of the Lexington General District Court, where the initial stages of your burglary charge will be heard. Our team includes former prosecutors and a former Virginia State Trooper, like Bryan Block, whose 15 years of law enforcement experience provide unique insight into how burglary investigations are built and where they can be challenged.
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
Documented Case Results
Our firm has a documented record of achieving favorable outcomes in criminal cases. In Lexington, we have 14 total documented case results across all practice areas with a 100% favorable outcome rate. While every case is unique, our team, including seasoned attorneys like Mr. Sris, works collaboratively to seek the best possible result, whether that is a case dismissal, charge reduction, or favorable plea agreement.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Lexington, VA
Our Richmond location serves clients facing charges at the Lexington courts on South Main Street. We represent individuals throughout the Lexington community, including those near Virginia Military Institute and Washington and Lee University.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the penalty for a misdemeanor in Lexington, Virginia?
A Class 1 misdemeanor in Lexington carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Lexington General District Court (2 South Main Street, Lexington, VA 24450). 14 total documented case results across all practice areas (100% favorable outcome rate)
Can criminal charges be expunged in Lexington, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Lexington Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 14 total documented case results across all practice areas (100% favorable outcome rate)
How does bail work in Lexington, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Lexington. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Lexington General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony)
Do I need a criminal defense lawyer in Lexington, Virginia?
Criminal charges in Lexington are prosecuted by the Commonwealth’s Attorney and heard at Lexington General District Court (2 South Main Street, Lexington, VA 24450). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 14 total documented case results across all practice areas (100% favorable outcome rate) Contact SRIS 24/7 at (888) 437-7747 for a Consultation by appointment.
What is the difference between GDC and Circuit Court in Lexington?
Lexington General District Court handles misdemeanor trials and felony preliminary hearings. Lexington Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Lexington General District Court (2 South Main Street, Lexington, VA 24450) is the GDC location.
Internal Resources
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County. If you are facing other charges, consider our Lexington DUI Lawyer services.
Last verified: April 2026. Information current as of verification date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.