Burglary Lawyer New Kent County — What Are Your Defense Options?
A burglary charge in New Kent County is a serious felony under Va. Code § 18.2-90, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. has 4 documented results in New Kent County: 3 dismissed/not guilty, 1 reduced/amended. Our burglary lawyer New Kent County team provides a strong defense strategy. Contact us 24/7 at (888) 437-7747 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined in Va. Code § 18.2-90 as entering a dwelling house at night with intent to commit a felony, larceny, or assault. Breaking and entering a dwelling in the daytime with the same intent is also burglary under § 18.2-91. The severity of the charge depends on factors like the time of day, whether the building is occupied, and if a deadly weapon was used. A conviction creates a permanent felony record.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the official statute, review Va. Code § 18.2-90 (official Virginia General Assembly). Court information is available at the New Kent County General District Court website.
Local Court Process for a Burglary Charge
In New Kent County, a burglary charge begins with an arrest and a bond hearing before a magistrate. The case proceeds to New Kent County General District Court for a preliminary hearing to determine probable cause. For felony burglary, the case is certified to New Kent County Circuit Court for a jury trial. Prosecutors from the Commonwealth’s Attorney’s office must prove entry and criminal intent beyond a reasonable doubt.
- Secure legal representation immediately after arrest or upon receiving a warrant.
- Attend the preliminary hearing in New Kent County General District Court to challenge probable cause.
- If the case proceeds, file pre-trial motions in Circuit Court to suppress evidence or dismiss charges.
- Engage in strategic plea negotiations, potentially seeking a reduction to a misdemeanor like unlawful entry.
- Prepare for a jury trial in New Kent County Circuit Court if a favorable plea cannot be reached.
- Explore post-trial options, including appeals or expungement if the case is dismissed.
Potential Penalties for Burglary in New Kent County
In New Kent County, burglary is a felony with penalties ranging from 5 years to life imprisonment, plus fines and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Night, Dwelling) | Class 3 Felony | 5-20 years, or up to life* | 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. |
| Breaking and Entering (Non-Dwelling) | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | None | Felony record. |
Results may vary. Prior results do not guarantee a similar outcome.
*Life imprisonment is possible if the burglary is committed while armed with a deadly weapon or results in serious bodily injury.
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 legal experience to every case. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of a felony burglary charge and the specific procedures of New Kent County courts.
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 in New Kent County
Our firm has a documented history of results in New Kent County. We have achieved 4 favorable outcomes for clients facing criminal charges: 3 cases were dismissed or found not guilty, and 1 charge was reduced or amended.
Results may vary. Prior results do not guarantee a similar outcome.
Our team, including former prosecutor Kristen Fisher, leverages this experience to build strong defenses. Her firsthand knowledge of how the Commonwealth builds its cases is invaluable for clients facing breaking and entering charges.
Local Burglary Defense Representation
Our Richmond location serves clients at the New Kent County courts (12001 Courthouse Circle). We are accessible via I-64, Route 33, and Route 249. If you need a burglary charge defense lawyer New Kent County, our team is near you. We serve the communities of New Kent, Providence Forge, and Quinton.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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
By appointment only.
Frequently Asked Questions: Burglary Charges in New Kent County
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 at night with intent to commit a felony, larceny, or assault. Breaking and entering under § 18.2-91 involves entering a dwelling in the daytime with the same intent, or entering any other building. Both are felonies, but burglary carries more severe penalties.
Can a burglary felony be reduced to a misdemeanor in New Kent County?
It depends on the evidence and circumstances. A skilled breaking and entering defense lawyer New Kent County may negotiate a reduction to a misdemeanor like unlawful entry or trespass, especially for first-time offenders or cases with weak evidence of intent. Success depends on the specific facts and the prosecutor’s discretion.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for a non-criminal purpose), mistaken identity, lack of evidence proving you were the one who entered, an illegal search that tainted the evidence, or consent to enter the property. Each defense requires careful investigation and legal argument.
Do I need a lawyer for a burglary charge in New Kent County?
Yes. Burglary is a serious felony with potential for decades in prison. The Commonwealth’s Attorney will vigorously prosecute. A burglary lawyer New Kent County can protect your rights, challenge evidence, negotiate with prosecutors, and provide a defense at trial. The stakes are too high to proceed without experienced counsel.
What happens at a preliminary hearing for burglary?
The preliminary hearing in New Kent County General District Court determines if there is probable cause to believe a burglary occurred and that you committed it. It is not a trial, but your attorney can cross-examine the prosecution’s witnesses and potentially get the charge dismissed if the evidence is insufficient.
Internal Resources
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you have other legal needs in New Kent County, explore our services for DUI/DWI or Family Law.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.