A burglary charge in Virginia is a serious felony under Va. Code § 18.2-89, carrying a potential sentence of 5 years to life in prison. If you are facing these charges, you need an experienced burglary defense lawyer Virginia from Law Offices Of SRIS, P.C. Our firm, founded in 1997, has a documented record of handling complex criminal cases.
Virginia Burglary Law and Penalties
In Virginia, burglary is defined by statute as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The severity of the charge and its penalties are strictly codified. A conviction creates a permanent felony record that affects employment, housing, and civil rights.
Last verified: April 2026 | Virginia General District and Circuit Courts | Virginia General Assembly
Official Legal Resources
For the full text of the burglary statute, refer to the official Va. Code § 18.2-89 (official Virginia General Assembly). Court procedures and filing information can be found on the Virginia Courts website.
Strategic Defense for Burglary Charges in Virginia
The prosecution must prove every element of burglary beyond a reasonable doubt: unlawful entry, of a dwelling, at night, with the requisite criminal intent. A skilled breaking and entering defense lawyer Virginia challenges this proof at each stage. Common defense strategies include contesting the intent element, challenging the legality of police searches that yielded evidence, or negotiating for a reduction to a lesser offense like trespassing.
- Initial Consultation & Case Analysis: Provide all details of your charge and arrest to your attorney. The specific facts of the alleged entry and time are critical.
- Evidence Review & Motion Filing: Your attorney will file motions to suppress illegally obtained evidence and request discovery from the Commonwealth.
- Preliminary Hearing (Felony): If charged with felony burglary, a hearing in General District Court determines if there is probable cause to send the case to Circuit Court.
- Plea Negotiation or Trial Preparation: Based on the evidence, your attorney will advise on the risks of trial versus the benefits of a negotiated plea agreement.
- Trial or Disposition: Your case will be resolved either by a guilty plea, a trial by judge or jury, or a dismissal of charges.
- Sentencing or Appeal: If convicted, your attorney will advocate for the most lenient sentence possible. Post-trial appeals may be filed if legal errors occurred.
Potential Penalties for Burglary in Virginia
In Virginia, burglary is punished as a felony with a mandatory prison sentence, making the counsel of a burglary charge defense lawyer Virginia essential from the outset.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 to 20 years in prison | Up to $100,000 | Permanent felony record, loss of firearm rights, difficulty finding employment and housing. |
| Burglary with Deadly Weapon (Va. Code § 18.2-90) | Class 2 Felony | 20 years to life in prison | Up to $100,000 | Same as above, with significantly enhanced mandatory minimum sentences. |
| Statutory Burglary (Daytime, etc.) | Class 3 or Class 6 Felony | 1-20 years (varies by statute) | Up to $2,500 – $100,000 | Felony record and all associated collateral consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Burglary Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our combined legal experience spans over 120 years, and we have handled more than 4,739 documented case results. We understand that a burglary charge can upend your life, and we provide a focused, case-specific defense aimed at protecting your future.
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
Documented Case Results
Our firm has a documented history of achieving favorable outcomes in criminal cases across Virginia. While every case is unique, our approach is consistently thorough. For instance, we have successfully defended clients by challenging search warrants, negotiating charge reductions, and securing acquittals at trial. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex matters.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Virginia Burglary Defense Lawyers
Our Fairfax location is centrally positioned to serve clients across Northern Virginia. We represent individuals in Fairfax, Arlington, Loudoun, Prince William, and surrounding counties. If you need a burglary defense lawyer Virginia near Fairfax County Courthouse or other Northern Virginia courts, we are accessible.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
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” can apply to other structures (like businesses) or occur during the day, and is often charged under different statutes with varying penalties. A breaking and entering defense lawyer Virginia can explain the specific charges against you.
Can a burglary charge be reduced to a misdemeanor?
It depends. While burglary itself is a felony, a skilled burglary charge defense lawyer Virginia may negotiate with the prosecutor for a reduction to a misdemeanor offense, such as trespassing or destruction of property, based on the evidence and the defendant’s background. This is a common goal in plea negotiations to avoid a felony conviction.
What are the possible defenses to a burglary charge?
Possible defenses include lack of intent to commit a crime inside, mistaken identity, unlawful search and seizure of evidence, consent to enter the property, or an alibi. The best defense strategy depends entirely on the unique facts of your case and requires a detailed investigation by your attorney.
How long does a burglary case take in Virginia?
A felony burglary case typically takes several months to over a year. The timeline includes the preliminary hearing in General District Court, possible indictment by a grand jury, pre-trial motions, and then either a trial or plea agreement in Circuit Court. Complex cases or those set for trial take the longest.
Should I talk to the police if I’m accused of burglary?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer any questions without your lawyer present. Anything you say can be used against you. Contact a burglary defense lawyer Virginia immediately instead.
Related Legal Information
If you are facing criminal charges in Virginia, you may also want to learn about criminal defense generally. For charges in nearby areas, see our pages for Fairfax County criminal defense and Arlington criminal defense. For other related legal issues, consider Virginia drug charges defense.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.