Burglary Defense Lawyer Lexington — What Are Your Legal Options?
Burglary in Lexington, Virginia, is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. A burglary defense lawyer Lexington from Law Offices Of SRIS, P.C. is essential to challenge the prosecution’s evidence of breaking and entering. Our firm has documented case results in Lexington and provides 24/7 consultations.
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 day, whether the building was occupied, and if a weapon was involved. The primary statute is Va. Code § 18.2-89 (official Virginia General Assembly).
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience. We understand that a burglary charge can stem from a misunderstanding, mistaken identity, or an unlawful search.
Official Legal Resources
For the official text of Virginia’s burglary statutes, refer to the Virginia Code Title 18.2, Chapter 5. Court procedures for Lexington are handled at the Lexington General District Court for preliminary hearings and the Lexington Circuit Court for felony trials.
Defending a Burglary Charge in Lexington Court
Prosecutors in Lexington must prove every element of burglary beyond a reasonable doubt. A key local procedural fact is that Lexington General District Court handles all felony preliminary hearings, where the Commonwealth’s Attorney must establish probable cause. A skilled breaking and entering defense lawyer Lexington can attack the evidence at this early stage. The prosecution must prove you broke and entered a dwelling at night with criminal intent.
- Secure Immediate Representation: Contact a lawyer before speaking to investigators to protect your rights.
- Case Analysis: Your attorney will review all police reports, witness statements, and forensic evidence for weaknesses.
- Preliminary Hearing Strategy: At the GDC hearing, your lawyer can cross-examine the state’s witnesses to weaken their case.
- Motion Practice: File pre-trial motions to suppress illegally obtained evidence or dismiss charges for lack of proof.
- Trial or Negotiation: Prepare a vigorous defense for trial or negotiate for a reduction to a lesser offense like trespass.
Potential Penalties for Burglary in Virginia
In Lexington, burglary is a felony with penalties ranging from 5 years to life in prison, depending on the specific circumstances and enhancements.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | 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 | Mandatory minimum sentences apply. |
| Statutory Burglary (daytime/unoccupied building) | Class 6 Felony | 1 to 5 years (or up to 12 months jail) | Up to $2,500 | Still a felony conviction with long-term consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper who understand how the other side builds a case. Mr. Sris, the firm’s founder, personally amended Virginia state law (Va. Code § 20-107.3), demonstrating a deep understanding of the legislative process that can inform defense strategy. We have a documented record of case results.
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-wide track record includes over 4,739 case results with a favorable outcome rate exceeding 93%. In Lexington, we have 14 total documented case results across all practice areas. Every case is unique, and our burglary charge defense lawyer Lexington, such as Mr. Sris with his background in accounting and complex case strategy, works to achieve the best possible outcome given the specific facts.
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 at 2 South Main Street. We are accessible via I-81 and I-64. We provide legal representation to individuals in Lexington and surrounding communities.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Suite 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings 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 entering a dwelling at night with criminal intent. 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 Lexington can explain which charge applies to your case.
Can you go to jail for a first-time burglary offense in Lexington?
Yes. Burglary is a felony in Virginia. Even for a first offense, a Class 3 felony carries a prison sentence of 5 to 20 years. The judge has discretion within the sentencing range, and a strong defense can argue for a sentence on the lower end or explore alternatives.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for a non-criminal purpose), mistaken identity, unlawful search and seizure that taints the evidence, consent to enter, or insufficient evidence that a “breaking” occurred. A burglary defense lawyer Lexington will investigate to identify the strongest defense for your situation.
Should I talk to the police if I’m suspected of burglary?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and request to speak with a lawyer immediately. Anything you say can be used against you, even if you are innocent or trying to explain.
How much does a burglary defense lawyer cost in Lexington?
It depends. Legal fees vary based on the case’s complexity, whether it goes to trial, and the attorney’s experience. Many lawyers, including our firm, offer initial consultations. Payment plans may be available. The cost of a skilled defense is an investment in your future.
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, explore our Lexington DUI Lawyer services.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.