Burglary Lawyer Augusta County — What Are Your Defense Options?
Burglary in Augusta County is a serious felony under Va. Code § 18.2-89, carrying 5 years to life in prison. A burglary lawyer Augusta County from Law Offices Of SRIS, P.C. provides a strong defense against breaking and entering charges. Our firm has 13 documented case results in Augusta County. We offer 24/7 phone consultations.
Last verified: April 2026 | Augusta County 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. This is a Class 3 felony, punishable by 5 to 20 years in prison and a fine up to $100,000. If the perpetrator is armed with a deadly weapon, the charge escalates to statutory burglary while armed under § 18.2-90, a Class 2 felony carrying 20 years to life. A burglary charge defense lawyer Augusta County must handle these severe penalties. The firm, founded in 1997 by former prosecutor Mr. Sris, brings over 120 years of combined legal experience to such complex cases.
Official Legal Resources
For the official statute, see Va. Code § 18.2-89 (official Virginia General Assembly). Court information is available at the Augusta County General District Court website.
Augusta County Court Process for Burglary Charges
Burglary cases in Augusta County begin with an arrest and a bond hearing before a magistrate. Because burglary is a felony, the case starts in Augusta County General District Court for a preliminary hearing to determine probable cause. If the judge finds probable cause, the case is certified to Augusta County Circuit Court for a jury trial. Prosecutors from the Commonwealth’s Attorney’s office for Augusta County handle these cases aggressively.
- Arrest & Initial Appearance: You will be taken before a magistrate for a bond hearing. Felony burglary often requires a secured bond.
- Preliminary Hearing: Your case is heard in Augusta County General District Court (6 East Johnson Street, Staunton) where the Commonwealth must show probable cause.
- Circuit Court Arraignment: If certified, you will be arraigned in Augusta County Circuit Court, where you formally enter a plea.
- Discovery & Motions: Your attorney will review all evidence, file motions to suppress evidence, and challenge the prosecution’s case.
- Plea Negotiation or Trial: Most cases are resolved through negotiation. If no agreement is reached, your case proceeds to a jury trial in Circuit Court.
- Sentencing: If convicted, sentencing follows Virginia’s felony sentencing guidelines, which can include significant prison time.
Potential Penalties for Burglary in Augusta County
In Augusta County, burglary is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000. Armed burglary is a Class 2 felony with 20 years to life.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 – 20 years | Up to $100,000 | N/A | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Armed) (§ 18.2-90) | Class 2 Felony | 20 years – Life | Up to $100,000 | N/A | Same as above, with mandatory minimum sentences often applied. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Augusta County Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of experience and a track record of 4,739+ case results with a 93%+ favorable outcome rate firm-wide. In Augusta County, we have 13 documented case results across all practice areas. Our approach is grounded in a deep understanding of local court procedures and prosecutorial tactics.
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
Our firm has achieved favorable outcomes in numerous criminal cases. For example, we have secured amendments from serious charges like driving on a suspended license to lesser offenses, and obtained dismissals (nolle prosequi) for charges such as destruction of property. Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney, Mr. Sris, a former prosecutor and firm founder, brings strategic oversight to complex cases, including those involving breaking and entering defense.
Burglary Lawyer Near Augusta County
Our Shenandoah/Woodstock location serves clients at the Augusta County courts in Staunton. We are accessible via I-81 and I-64. We serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St #103, Woodstock, VA 22664, United States
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary (Va. Code § 18.2-89) requires breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. Breaking and entering under § 18.2-91 generally applies to entering a building other than a dwelling with the same intent, and is often a Class 6 felony. A breaking and entering defense lawyer Augusta County can explain which statute applies to your case.
Can a burglary charge be reduced in Augusta County?
It depends. Prosecutors may agree to reduce a burglary charge to a lesser felony like grand larceny or unlawful entry if the evidence is weak, if there are procedural issues, or as part of a plea agreement. The strength of the defense, the defendant’s criminal history, and the specific facts of the case are all critical factors. An experienced burglary charge defense lawyer Augusta County can negotiate for a reduction.
What are common defenses to a burglary charge?
Common defenses include lack of intent to commit a crime inside, mistaken identity, consent to enter the property, insufficient evidence of a “breaking,” or challenging the legality of the police investigation (e.g., an illegal search). Each defense strategy must be case-specific to the specific evidence presented by the Commonwealth’s Attorney in Augusta County.
Do I need a lawyer for a burglary charge in Augusta County?
Yes. Burglary is a serious felony with mandatory prison time upon conviction. The Commonwealth’s Attorney will prosecute the case vigorously. A skilled burglary lawyer Augusta County is essential to protect your rights, challenge the evidence, negotiate with prosecutors, and represent you at trial in Augusta County Circuit Court to fight for the best possible outcome.
What happens at a preliminary hearing for burglary?
The preliminary hearing is held in Augusta County General District Court. The prosecutor must show probable cause that a burglary occurred and that you committed it. This is not a trial, but a critical stage where your attorney can cross-examine witnesses and potentially get the charge dismissed if the evidence is insufficient. If the judge finds probable cause, the case moves to Circuit Court.
Internal Resources
For more information, visit our Virginia Criminal Defense hub page. We also assist clients in nearby jurisdictions like Shenandoah County. If you are facing other charges, consider our Augusta County DUI lawyer services.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.