Burglary Lawyer Virginia Beach — Defending Against Breaking and Entering Charges
Burglary in Virginia Beach is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. Law Offices Of SRIS, P.C. provides a strong defense for those accused of breaking and entering. Our burglary lawyer Virginia Beach team, including former prosecutor Kristen Fisher, has documented case results in the area. We offer 24/7 consultations.
Last verified: April 2026 | Virginia Beach 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 the dwelling house of another in the nighttime with intent to commit a felony, larceny, or assault. It is a Class 3 felony, punishable by 5 to 20 years in prison and a fine of up to $100,000. A related charge, statutory burglary under § 18.2-91, involves breaking and entering with intent to commit larceny, assault, or any felony, and can be charged as a Class 3 or Class 6 felony depending on the circumstances. The law is strictly enforced in Virginia Beach, where cases are prosecuted by the Commonwealth’s Attorney and heard at the Virginia Beach General District Court for preliminary hearings and the Virginia Beach Circuit Court for trials.
For official statute text, see Va. Code § 18.2-89 (official Virginia General Assembly). Court information is available at the Virginia Beach General District Court website.
Defending a Burglary Charge in Virginia Beach
A burglary charge defense lawyer Virginia Beach must immediately challenge the prosecution’s ability to prove every element of the crime beyond a reasonable doubt. In Virginia Beach, the Commonwealth’s Attorney must prove there was a breaking, an entry, of a dwelling house, at nighttime, with the specific intent to commit a felony, larceny, or assault inside. Defenses often focus on lack of intent, mistaken identity, unlawful search and seizure, or challenging whether the alleged “breaking” occurred.
- Secure Immediate Representation: Contact a lawyer before speaking to investigators. Anything you say can be used to establish intent.
- Case Analysis & Investigation: Your attorney will review all police reports, witness statements, and forensic evidence to identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: File motions to suppress evidence obtained through an illegal search or a statement taken without proper Miranda warnings.
- Negotiation or Trial: Based on the evidence, your lawyer will negotiate for a reduction to a lesser charge (like trespass) or prepare a vigorous defense for trial, arguing the prosecution failed to meet its burden of proof.
In Virginia Beach, a burglary conviction as a Class 3 felony carries a mandatory prison sentence of 5 to 20 years and creates a permanent felony record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None directly | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Va. Code § 18.2-91) | Class 3 Felony (or Class 6) | 5 – 20 years (or 1-5 years) | Up to $100,000 (or $2,500) | None directly | Same as above; severity depends on tools used, time of day, and type of building entered. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Virginia Beach Criminal 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 firm-wide track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. In Virginia Beach, we have secured positive results for clients facing serious charges. Our approach is collaborative; for complex felony cases like burglary, primary attorney Kristen Fisher works alongside firm founder Mr. Sris, whose background in accounting and information systems provides a unique advantage in cases involving financial evidence or digital forensics.
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
Case Results and Client Advocacy
While every case is unique, our firm is dedicated to achieving the best possible outcome. In Virginia Beach and across our service areas, we have a history of securing dismissals, reductions, and favorable verdicts for our clients. For instance, we have successfully argued for the reduction of felony charges to misdemeanors and challenged insufficient evidence in breaking and entering cases.
Results may vary. Prior results do not guarantee a similar outcome.
Virginia Beach Burglary Defense Lawyers Near You
Our Richmond location serves clients throughout the Hampton Roads area, including Virginia Beach. We are accessible via I-264, I-64, and Route 44. We provide legal representation for residents of Virginia Beach, Sandbridge, and Oceana. If you need a burglary charge defense lawyer Virginia Beach, our team is ready to help.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Burglary Defense FAQs for Virginia Beach
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” is a broader term that can be a component of burglary or a separate, lesser charge like statutory burglary (§ 18.2-91) for entering a building with intent to commit larceny.
Can you go to jail for a first-time burglary offense in Virginia Beach?
Yes. Burglary is a Class 3 felony with a mandatory prison sentence of 5 to 20 years upon conviction. There is no mandatory minimum that allows for probation only, making the guidance of a burglary lawyer Virginia Beach critical from the outset.
What are common defenses to a burglary charge?
It depends on the facts. Common defenses include lack of intent (you entered for another reason), mistaken identity, consent to enter the property, or challenging the legality of the evidence against you (e.g., via a motion to suppress). A breaking and entering defense lawyer Virginia Beach will investigate all possible defenses.
Is burglary a felony in Virginia?
Yes. Burglary under § 18.2-89 is always a Class 3 felony. Statutory burglary under § 18.2-91 can be a Class 3 or Class 6 felony, but both are felony-level offenses with severe consequences.
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 immediately request to speak with a burglary lawyer Virginia Beach. Speaking to police without an attorney often harms your defense.
Internal Resources: For more on criminal defense, see our Virginia Criminal Defense hub page. We also assist with related charges in nearby areas like Henrico County. If you are facing other legal issues, consider our Virginia Beach DUI defense services.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.