Burglary Defense Lawyer Virginia — What Are Your Legal Options?
Burglary in Virginia is a serious felony under Va. Code § 18.2-89, punishable by 5 years to life in prison. A burglary defense lawyer Virginia from Law Offices Of SRIS, P.C. can challenge the prosecution’s evidence, argue against unlawful entry, and protect your future. With 4,739+ firm-wide case results, our team provides a strong defense. Call (888) 437-7747 for a 24/7 consultation.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by statute as breaking and entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The specific law is Va. Code § 18.2-89. This is distinct from statutory burglary (entering a building other than a dwelling) and breaking and entering, which are covered under separate statutes. The severity hinges on factors like the type of structure, time of day, and whether the accused was armed.
Last verified: April 2026 | Virginia Courts | Virginia General Assembly
Official Legal Resources
For the full text of the burglary statute, refer to the official Va. Code § 18.2-89 (Virginia General Assembly). Court procedures and forms can be found on the Virginia Judicial System website.
Defending a Burglary Charge in Virginia
A burglary charge defense lawyer Virginia must scrutinize every element of the prosecution’s case. The key is often challenging the intent or the act of unlawful entry. In many Virginia courts, prosecutors must prove beyond a reasonable doubt that you had the specific intent to commit a crime inside at the moment of entry. A skilled defense will examine police reports, witness statements, and physical evidence for weaknesses.
- Initial Consultation & Case Review: Contact a defense attorney immediately after arrest or charge. Do not speak to investigators without counsel.
- Evidence Analysis: Your attorney will obtain discovery from the Commonwealth’s Attorney, reviewing all police reports, witness statements, and forensic evidence.
- Pre-Trial Motions: File motions to suppress evidence obtained through an illegal search or seizure, or to challenge the sufficiency of the charging document.
- Negotiation or Trial: Based on the evidence, your attorney will negotiate for a reduction (e.g., to trespassing) or dismissal, or prepare a vigorous defense for trial.
- Sentencing or Appeal: If convicted, advocate for the most favorable sentence under the guidelines. Explore all grounds for appeal if necessary.
Potential Penalties for Burglary in Virginia
In Virginia, burglary is a Class 3 felony carrying a prison sentence of 5 to 20 years and a fine of up to $100,000.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 – 20 years | Up to $100,000 | Permanent felony record, loss of firearm rights, difficulty obtaining employment/housing. |
| Statutory Burglary (Va. Code § 18.2-91) | Class 3 Felony | 5 – 20 years | Up to $100,000 | Same as above; applies to entering a building other than a dwelling with intent to commit larceny, etc. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Burglary Defense Team
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+ documented case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a felony burglary charge and build defenses focused on the specific facts and legal nuances of your situation.
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 attorneys have achieved favorable outcomes in numerous criminal cases across Virginia. While every case is unique, our approach is consistently thorough. For instance, we have successfully argued for the suppression of evidence skilled to dismissals, negotiated reductions of felony charges to misdemeanors, and secured acquittals at trial. Mr. Sris, the firm’s founder, provides strategic oversight on complex matters.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Virginia
Our Fairfax location is centrally positioned to serve clients across Northern Virginia. We represent individuals in burglary cases in Fairfax, Arlington, Loudoun, Prince William, and surrounding counties.
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 (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 (Va. Code § 18.2-91) generally involves entering any building other than a dwelling with the same intent, or entering a dwelling without the “at night” element. A breaking and entering defense lawyer Virginia can explain which statute applies to your case.
Can a burglary charge be reduced in Virginia?
It depends. A burglary charge defense lawyer Virginia may negotiate a reduction to a lesser offense like trespassing (Va. Code § 18.2-119) or unlawful entry if the evidence of intent is weak. Success depends on the specific facts, your criminal history, and the strength of the defense’s challenges to the prosecution’s case.
What should I do if I am arrested for burglary in Virginia?
First, remain silent and ask for a lawyer immediately. Do not answer any questions from law enforcement. Second, contact a burglary defense lawyer Virginia as soon as possible. An attorney can intervene early, protect your rights during questioning, and begin building your defense strategy before formal charges are filed.
Is burglary a felony in Virginia?
Yes. Burglary as defined under Va. Code § 18.2-89 is a Class 3 felony, punishable by 5 to 20 years in prison and a fine of up to $100,000. A conviction results in a permanent felony record with severe long-term consequences.
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 a “breaking,” consent to enter the property, and challenging the legality of the police investigation (e.g., an illegal search). A skilled attorney will identify the best defense based on the evidence.
Internal Resources
For more information on criminal defense in Virginia, visit our Virginia Criminal Defense Lawyer hub page. If you are facing related charges, you may also need a reckless driving lawyer in Fairfax or a domestic violence defense lawyer in Virginia.
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.