Burglary Defense Lawyer in Fauquier County, Virginia
A burglary charge in Fauquier County is a serious felony under Va. Code § 18.2-89, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. provides a strong defense for breaking and entering charges. Our burglary defense lawyer Fauquier County team builds case-specific strategies to protect your rights and future. Contact us 24/7 for a consultation.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-89 as breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. This is a Class 3 felony, punishable by 5 to 20 years in prison and a fine up to $100,000. If the perpetrator is armed with a deadly weapon, the charge becomes statutory burglary while armed under § 18.2-90, a Class 2 felony with a mandatory minimum sentence. The prosecution must prove every element beyond a reasonable doubt, including the specific intent at the time of entry.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-89 (official Virginia General Assembly). Court information and procedures can be found at the Fauquier County General District Court website.
Defending a Burglary Charge in Fauquier County
In Fauquier County, prosecutors must prove you broke and entered a dwelling at night with a specific criminal intent. A common defense is challenging the “intent” element—arguing you entered for a non-criminal purpose. Another defense is attacking the “breaking” element; if a door was unlocked, it may not constitute a breaking. The Commonwealth’s Attorney for Fauquier County prosecutes these cases at the Fauquier County General District Court for preliminary hearings, with trials moving to Circuit Court.
- Initial Consultation: Contact a burglary defense lawyer Fauquier County immediately after arrest or charge.
- Investigation: Your attorney will review police reports, evidence, and witness statements to identify weaknesses.
- Preliminary Hearing: In Fauquier County General District Court, your lawyer can challenge probable cause to try and get the felony charge dismissed or reduced.
- Negotiation & Trial: Your attorney will negotiate with the Commonwealth’s Attorney for a favorable plea or prepare a vigorous defense for a Circuit Court jury trial.
Potential Penalties for Burglary in Fauquier County
In Fauquier County, burglary is a Class 3 felony carrying 5 to 20 years in prison, a fine up to $100,000, and a permanent felony record.
| 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 finding employment/housing. |
| Statutory Burglary (Armed) (§ 18.2-90) | Class 2 Felony | 20 years to life (mandatory min.) | Up to $100,000 | Same as above, with significantly enhanced penalties. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined legal experience and a documented record of 4,739+ case results with a 93%+ favorable outcome rate firm-wide. We understand the high stakes of a felony burglary charge and approach each case with a detailed, strategic defense.
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
Our firm has 1 documented criminal case result in Fauquier County with a 100% favorable outcome rate. While every case is unique, our approach focuses on meticulous case review, challenging evidence, and pursuing all available avenues for dismissal or reduction. For a breaking and entering defense lawyer Fauquier County residents can rely on, our team leverages experience and local court knowledge.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense Near You
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton). We are accessible via I-66, Route 29, and Route 17. As a burglary charge defense lawyer Fauquier County residents can consult, we serve the communities of Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fauquier County, Virginia?
A Class 1 misdemeanor in Fauquier County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Fauquier County General District Court (6 Court Street, Warrenton, VA 20186). 1 documented results: 1 reduced/amended (100% favorable outcome rate).
Can criminal charges be expunged in Fauquier County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Fauquier County Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 1 documented results: 1 reduced/amended (100% favorable outcome rate).
How does bail work in Fauquier County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Fauquier County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Fauquier County General District Court.
What is the difference between GDC and Circuit Court in Fauquier County?
Fauquier County General District Court handles misdemeanor trials and felony preliminary hearings. Fauquier County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time.
Do I need a burglary defense lawyer in Fauquier County?
Yes. Burglary is a felony with severe penalties. A burglary defense lawyer Fauquier County can challenge evidence, negotiate with prosecutors, and protect your rights at every stage, from the General District Court preliminary hearing to a potential Circuit Court trial.
Related Legal Services: If you are facing other charges, our firm also provides representation for DUI charges in Fauquier County and reckless driving tickets. For broader context, see our Virginia criminal defense hub or learn about defense in neighboring Fairfax County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.