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 on intent and unlawful entry.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by statute as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The severity of the charge and its penalties depend heavily on the specific circumstances alleged by the prosecution.
Last verified: April 2026 | Virginia General District and Circuit Courts | Virginia State Legislature
The core statute is Va. Code § 18.2-89. A conviction for statutory burglary is a Class 3 felony, carrying a prison sentence of 5 to 20 years and a fine of up to $100,000. If the alleged burglary involved the use of a deadly weapon or resulted in serious bodily injury, the charges escalate to aggravated burglary, a Class 2 felony punishable by 20 years to life imprisonment. These severe consequences make consulting a burglary defense lawyer Virginia immediately after an arrest critical.
For official court procedures and forms, you can refer to the Virginia Judicial System website.
- Initial Arrest & Bond Hearing: You will be taken before a magistrate. A bond amount will be set. An attorney can argue for a personal recognizance bond or lower secured bond.
- General District Court Arraignment: You will be formally charged. Your attorney enters a plea (typically not guilty) and begins discovery to obtain the prosecution’s evidence.
- Preliminary Hearing (Felony Cases): The Commonwealth must show probable cause that you committed the crime. Your attorney can cross-examine witnesses and challenge evidence.
- Circuit Court Proceedings: If the case proceeds, all trials for felony burglary are held in Circuit Court. Your attorney will file pre-trial motions, negotiate with prosecutors, and prepare for trial.
- Trial or Plea Agreement: Your attorney will advise you on the strengths/weaknesses of the case and the risks of trial versus the terms of any plea offer from the Commonwealth.
- Sentencing: If convicted, your attorney presents mitigating evidence and argues for the most favorable sentence under the Virginia sentencing guidelines.
In Virginia, a burglary conviction carries a mandatory prison sentence ranging from 5 years to life, along with a permanent felony record that affects employment, housing, and gun rights.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Statutory 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. |
| Burglary with Deadly Weapon/Serious Injury (Aggravated) | Class 2 Felony | 20 years – Life | Up to $100,000 | N/A | Same as above, with significantly longer mandatory minimum sentence. |
| Breaking and Entering (Non-Dwelling) | Class 6 Felony | 1 – 5 years (or up to 12 months jail) | 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 Attorneys
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings a unique perspective to criminal defense. Our team includes former prosecutors and a former Virginia State Trooper, giving us insider knowledge of how the Commonwealth builds its cases. We understand the tactics used in burglary investigations and the specific intent element prosecutors must prove. With a combined 120+ years of legal experience and over 4,739 documented case results firm-wide, we have the depth to handle complex felony defenses. Our approach is collaborative, ensuring every client benefits from our collective experience.
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 Defense Strategy
Our defense strategies for burglary charges are case-specific to the specific facts of each case. Common defenses include challenging the legality of law enforcement searches, disputing witness identification, and arguing a lack of specific intent to commit a crime upon entry. For instance, we may argue the accused had permission to enter or lacked the requisite criminal intent, which can lead to reduced charges or dismissal.
Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with a favorable outcome rate of over 93%. While we cannot guarantee specific results, our extensive experience includes favorable resolutions in serious felony cases through diligent investigation and aggressive advocacy.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. His background in accounting and information systems offers a distinct advantage in cases involving financial evidence or digital forensics.
Burglary Defense Lawyer Near Fairfax County, Virginia
Our Fairfax location is centrally positioned to serve clients across Northern Virginia, including Fairfax County, Arlington, Loudoun, and Prince William. We are accessible via major highways like I-66, I-495, and Route 50. If you need a burglary charge defense lawyer Virginia, we offer 24/7 phone consultations and meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Frequently Asked Questions (FAQs)
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary (Va. Code § 18.2-89) specifically involves entering a dwelling house at night with intent to commit a crime. Breaking and entering (Va. Code § 18.2-91) applies to entering any building (not just a dwelling) with the same intent, or breaking and entering a dwelling with intent to commit misdemeanor larceny. The penalties for burglary are generally more severe.
Can a burglary charge be reduced to a misdemeanor in Virginia?
It depends. While burglary is a felony, a skilled burglary defense lawyer Virginia may negotiate with the prosecutor to amend the charge to a lesser offense, such as trespassing or unlawful entry, which are misdemeanors. The possibility depends on the evidence, your criminal history, and the specific facts of the case.
What should I do if I am arrested for burglary in Virginia?
First, remain silent and ask for an attorney immediately. Do not discuss the case with anyone except your lawyer. Contact a burglary defense lawyer Virginia as soon as possible to begin building your defense. An attorney can advise you on your rights, attend your bond hearing, and start the process of challenging the evidence against you.
How long does a burglary case take in Virginia?
The timeline varies. A felony burglary case will start with a preliminary hearing in General District Court within a few months. If certified to Circuit Court, the process from arrest to trial can take 6 months to over a year, depending on the court’s docket, case complexity, and pre-trial motions filed by your breaking and entering defense lawyer Virginia.
What are the possible defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, lack of evidence proving unlawful entry, violation of your constitutional rights during the investigation (illegal search), or having permission to be in the building. A burglary charge defense lawyer Virginia will investigate all angles.
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Last verified: April 2026. Laws and procedures can change. For the most current advice regarding your specific burglary charge, contact Law Offices Of SRIS, P.C. directly.