Burglary Lawyer Fairfax — What Are Your Defense Options?
Burglary in Fairfax County is a serious felony under Va. Code § 18.2-90, carrying up to life in prison. Law Offices Of SRIS, P.C., a burglary lawyer Fairfax, has 501 documented results in this jurisdiction. Our team, including former prosecutor Kristen Fisher, provides a strong defense against breaking and entering charges. Contact us 24/7 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by statute as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The severity of the charge depends on factors like the time of entry, the type of building, and whether a deadly weapon was used. A breaking and entering defense lawyer Fairfax must understand these nuances to build an effective case.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the law, refer to Va. Code § 18.2-90 (official Virginia General Assembly). Court procedures and filings are handled through the Fairfax County General District Court website.
Fairfax County Burglary Defense Strategy
Prosecutors in Fairfax County General District Court take burglary allegations seriously. A burglary charge defense lawyer Fairfax must immediately challenge the element of intent, which the Commonwealth must prove beyond a reasonable doubt. Was the entry truly with criminal intent, or was there a misunderstanding or permission? We analyze police reports, witness statements, and physical evidence for weaknesses.
- Initial Consultation & Case Review: We analyze the arrest details, police narrative, and any prior interactions with the property owner.
- Evidence Investigation: We scrutinize the scene, witness credibility, and the legality of any searches or seizures.
- Pre-Trial Motions: We may file motions to suppress evidence obtained improperly or to challenge the sufficiency of the charging document.
- Negotiation or Trial: We pursue dismissal or reduction of charges through negotiation. If necessary, we prepare a vigorous defense for trial in Fairfax County Circuit Court.
Potential Penalties for Burglary in Fairfax
In Fairfax County, burglary is a felony with penalties ranging from 5 years to life imprisonment, depending on the specific circumstances and use of a weapon.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Night, Dwelling) | Class 3 Felony | 5 to 20 years | Up to $100,000 | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Burglary with Deadly Weapon | Class 2 Felony | 20 years to life | Up to $100,000 | Same as above, with enhanced mandatory minimum sentences. |
| Statutory Burglary (Daytime/Other Building) | Class 6 Felony | 1 to 5 years (or up to 12 months jail) | Up to $2,500 | Felony record, though penalties may be less severe. |
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 legal experience to every case. Our “Advocacy Without Borders” philosophy means we commit fully to your defense. We have a documented record of achieving favorable outcomes for clients facing serious felony charges.
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 in Fairfax County
Our firm has 501 documented criminal case results in Fairfax County, including matters involving theft and property crimes. These include cases where charges were dismissed, reduced, or resulted in favorable settlements. For instance, our team has successfully negotiated reductions from felony breaking and entering charges to misdemeanor trespassing.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Fairfax County, VA
Our Fairfax location serves clients at the Fairfax County courts. We are a burglary lawyer near Fairfax, accessible from major highways. We serve communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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.
Burglary Defense FAQs for Fairfax County
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary (Va. Code § 18.2-90) requires entering a dwelling at night with intent to commit a felony. Breaking and entering (Va. Code § 18.2-91) can involve any building, day or night, with the same intent. A breaking and entering defense lawyer Fairfax can explain which statute applies to your case.
Can a burglary charge be reduced to a misdemeanor?
It depends on the evidence and circumstances. A burglary charge defense lawyer Fairfax may negotiate a reduction to a lesser felony or a misdemeanor like trespassing if the evidence of intent is weak, if it’s a first offense, or through a plea agreement that avoids trial. Outcomes are case-specific.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you had permission or a reason to be there), mistaken identity, insufficient evidence, and unlawful search and seizure. An experienced burglary lawyer Fairfax will investigate all angles, including challenging how evidence was collected by police.
Is burglary a felony in Virginia?
Yes. Burglary is always a felony in Virginia. The class of felony (2, 3, or 6) determines the potential prison sentence, which can range from one year to life. This makes securing a qualified burglary lawyer Fairfax critical immediately after an arrest.
What should I do if I am arrested for burglary in Fairfax?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a burglary lawyer Fairfax from our firm 24/7 at (888) 437-7747. We can advise you on the next steps, including bond hearings and initial court appearances at Fairfax County General District Court.
Related Pages: For other legal needs, see our Fairfax DUI lawyer or Fairfax family law attorney. For similar defense in nearby areas, consult our Fairfax City criminal defense lawyer or Prince William County criminal lawyer. Learn more about our firm on our Virginia criminal defense hub page.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.