Burglary Defense Lawyer Fairfax — What Are Your Legal Options?
Burglary in Fairfax County is a serious felony under Va. Code § 18.2-90, punishable by up to life imprisonment. A burglary defense lawyer Fairfax from Law Offices Of SRIS, P.C. is essential to challenge the prosecution’s evidence of breaking and entering. With 501 documented results in Fairfax County, our team builds strong defenses against these charges. Contact us 24/7 for a case review.
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 related offense of statutory burglary covers breaking and entering any building with similar intent. The severity of the charge depends on factors like the type of property, time of day, and whether a deadly weapon was involved. Conviction carries long-term consequences beyond incarceration, including a permanent felony record that affects employment, housing, and civil rights.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the burglary statute, see Va. Code § 18.2-90 (official Virginia General Assembly). Court information and procedures can be found at the Fairfax County General District Court website.
Defending a Burglary Charge in Fairfax County
Prosecutors in Fairfax County must prove every element of burglary beyond a reasonable doubt: an unlawful entry, into a specified type of property, with the specific intent to commit a crime inside. A skilled breaking and entering defense lawyer Fairfax attacks each element. Common defenses include lack of intent, mistaken identity, unlawful search and seizure, or consent to enter. The procedural steps in Fairfax County General District Court are critical to protect your rights from arraignment through trial.
- Initial Consultation & Case Analysis: Review all police reports, warrants, and evidence with your attorney immediately after arrest or charge.
- Bond Hearing & Arraignment: Address securing your release and formally enter a plea of not guilty at Fairfax County General District Court.
- Pre-Trial Investigation & Motions: Your attorney will file motions to suppress illegally obtained evidence and conduct independent investigation.
- Plea Negotiation or Trial Preparation: Based on the strength of the evidence and defenses, negotiate for a reduction or prepare for a jury trial in Circuit Court.
- Trial or Disposition: Present your defense at a bench trial in GDC or elect for a jury trial in Fairfax County Circuit Court.
- Sentencing or Appeal: If convicted, advocate for the most favorable sentence; if necessary, file an appeal.
Potential Penalties for Burglary in Virginia
In Fairfax County, burglary is a felony punishable by a prison sentence of 5 years to life, depending on the specific circumstances and classification.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Dwelling, Night) | Class 3 Felony | 5 to 20 years | Up to $100,000 | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Other Building) | Class 6 Felony | 1 to 5 years (or up to 12 months jail) | Up to $2,500 | Same as above; possible probation. |
| Burglary with Deadly Weapon | Class 2 Felony | 20 years to life | Up to $100,000 | Mandatory minimum sentences apply; most severe long-term impacts. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary 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+ case results with a 93%+ favorable outcome rate. We understand the high stakes of a felony burglary charge and provide focused, strategic defense. Our “Advocacy Without Borders” philosophy means we pursue every available legal avenue to protect your future.
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 in Fairfax County
Our team has achieved 501 documented results in Fairfax County: 336 cases dismissed or found not guilty, 143 charges reduced or amended, and 5 other favorable outcomes, representing a 97% favorable outcome rate. For example, we have secured reductions from felony burglary to misdemeanor trespassing and successfully argued motions to suppress critical evidence, skilled to dismissals.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Fairfax County
Our Fairfax location serves clients at the Fairfax County courts. As a burglary defense lawyer near Fairfax, we are accessible to communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. We offer 24/7 phone consultations — meetings are 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.
Fairfax Burglary Defense FAQs
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary (Va. Code § 18.2-90) requires entering a dwelling at night with intent to commit a felony. Breaking and entering (often called statutory burglary under § 18.2-91) involves entering any building with the same intent, regardless of time. The penalties differ, making the specific charge critical.
Can a burglary charge be reduced to a misdemeanor?
It depends on the evidence, your criminal history, and the strength of the defense. A skilled burglary defense lawyer Fairfax can negotiate with prosecutors for a reduction to a misdemeanor like trespassing or unlawful entry, especially in cases with weak evidence of intent or for first-time offenders. This avoids a felony conviction.
What should I do if I am arrested for burglary in Fairfax County?
First, remain silent and ask for a lawyer immediately. Do not discuss the case with anyone. Contact a burglary defense lawyer Fairfax as soon as possible. Your attorney will guide you through the bond process at the magistrate and begin building your defense strategy before your first court appearance.
How long does a burglary case take in Fairfax County?
A felony burglary case typically takes 3 to 9 months from arrest to resolution if it goes to trial in Fairfax County Circuit Court. Preliminary hearings in General District Court occur sooner. Complex cases or those involving extensive evidence may take longer. Your attorney can provide a more specific timeline.
What defenses are available against a burglary charge?
Common defenses include lack of intent to commit a crime inside, mistaken identity, alibi, unlawful search and seizure (Fourth Amendment violation), or that you had permission to enter the property. A breaking and entering defense lawyer Fairfax will investigate all angles to find the strongest defense for your situation.
Related Legal Resources
If you are facing burglary charges, you may also need information on Virginia criminal defense. For charges in nearby areas, consult a criminal defense lawyer in Fairfax City or a criminal defense lawyer in Prince William County. For other legal issues in Fairfax, consider a Fairfax DUI lawyer or a Fairfax family law lawyer.
Information on this page was last verified in April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your specific case.