Burglary Lawyer Virginia — Defending Against Breaking and Entering Charges
Burglary in Virginia is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. A burglary lawyer Virginia from Law Offices Of SRIS, P.C. provides a strong defense against breaking and entering charges. With over 120 years of combined attorney experience, our firm has handled 4,739+ documented case results. Contact us 24/7 for a consultation by appointment.
Last verified: April 2026 | Virginia General District Courts & Circuit Courts | Virginia General Assembly
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 law is codified in Va. Code § 18.2-89. This is a Class 3 felony, punishable by 5 to 20 years in prison and a fine of up to $100,000. If the accused is armed with a deadly weapon, the charge becomes statutory burglary while armed, which carries a mandatory minimum sentence. The firm, founded in 1997 by former prosecutor Mr. Sris, focuses on building strong defenses against these severe allegations.
Official Legal Resources
For the official text of Virginia’s burglary statutes, refer to the Virginia General Assembly website. Court procedures and local rules can be found on the Virginia Judiciary website.
Defending a Burglary Charge in Virginia Courts
The key to defending a burglary charge often lies in challenging the prosecution’s ability to prove the specific intent required at the moment of entry. In Virginia courts, prosecutors must establish beyond a reasonable doubt that you intended to commit a felony, larceny, or assault at the time you entered. A skilled breaking and entering defense lawyer Virginia will scrutinize the evidence for weaknesses in proving this intent.
- Initial Consultation & Case Review: Immediately after arrest or charge, contact a burglary charge defense lawyer Virginia to review the arrest warrant, statements, and police reports.
- Arraignment & Bond Hearing: Your attorney will represent you at your first court appearance, enter a plea of not guilty, and argue for reasonable bond conditions.
- Investigation & Discovery: Your defense team will file motions to obtain all evidence from the prosecution, including police body cam footage, witness statements, and forensic reports.
- Pre-Trial Motions & Strategy: Based on the evidence, your lawyer may file motions to suppress illegally obtained evidence or challenge the sufficiency of the charges.
- Negotiation or Trial: Your attorney will negotiate with the Commonwealth’s Attorney for a favorable plea agreement or, if necessary, prepare for a jury trial to defend your rights.
Potential Penalties for Burglary in Virginia
In Virginia, burglary is a felony with severe penalties, including lengthy prison sentences and substantial fines that create a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 to 20 years | Up to $100,000 | N/A | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Armed) | Class 2 Felony | 20 years to life (mandatory min.) | Up to $100,000 | N/A | Same as above, with significantly enhanced mandatory prison time. |
| Breaking and Entering (Non-Dwelling) | Class 6 Felony | 1 to 5 years (or up to 12 months) | Up to $2,500 | N/A | Felony record, though penalties are less severe than for dwelling burglary. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Burglary Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 and 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 that a burglary charge can upend your life, and we are committed to providing a vigorous, strategic defense. Our team includes former prosecutors and attorneys with deep knowledge of Virginia’s court systems.
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 has a documented history of achieving favorable results in criminal cases across Virginia. While every case is unique, our strategic approach has led to numerous dismissals, not-guilty verdicts, and charge reductions. For instance, we have successfully defended clients against charges like driving suspended, achieving amendments to lesser offenses. Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney, Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases, leveraging his experience amending Virginia law and his background in accounting for financial case aspects.
Burglary Lawyer Near Virginia | Contact SRIS, P.C.
Our Fairfax location is centrally located to serve clients across Northern Virginia. We are accessible via major highways including I-66, I-495, and Route 50. If you need a burglary lawyer near Virginia courts, contact us for a consultation.
Neighborhoods Served: We serve communities across Virginia, including Fairfax, Arlington, Reston, Herndon, McLean, Vienna, Tysons, Centreville, Chantilly, Burke, Springfield, Annandale, Falls Church, Manassas, Woodbridge, Leesburg, Ashburn, Warrenton, Stafford, and Fredericksburg.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
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 under Va. Code § 18.2-89 specifically involves breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. Breaking and entering a building other than a dwelling (like a store or shed) is a separate, often less severe, offense under different statutes.
Can a burglary charge be reduced to a misdemeanor in Virginia?
It depends. Burglary is a felony, but a skilled burglary charge defense lawyer Virginia may negotiate with the prosecutor for a reduction to a lesser-included offense, such as trespassing or unlawful entry, which are misdemeanors. The success of this strategy depends on the evidence, your criminal history, and the specific facts of your case.
What are the defenses to a burglary charge in Virginia?
Common defenses include lack of intent to commit a crime at the time of entry, mistaken identity, alibi, unlawful search and seizure (suppression of evidence), and consent to enter the property. An attorney will investigate to determine the strongest defense for your situation.
Do I need a lawyer for a first-time burglary offense?
Yes. Burglary is a serious felony with mandatory prison time upon conviction. The legal process is complex, and the consequences of a conviction are life-altering. A burglary lawyer Virginia is essential to protect your rights, challenge the evidence, and work toward the best possible outcome.
How long does a burglary case take in Virginia?
A misdemeanor case may take 4-8 weeks for trial in General District Court. A felony burglary case starts with a preliminary hearing in GDC within 21-60 days of arrest, then moves to Circuit Court for a trial that can take 3-9 months or longer. Virginia’s speedy trial rights are 5 months for misdemeanors and 9 months for felonies if incarcerated.