Burglary Lawyer Fauquier County — What Are Your Defense Options?
Burglary in Fauquier County is a serious felony under Va. Code § 18.2-89, punishable by up to 20 years in prison. Law Offices Of SRIS, P.C. provides a strong defense for breaking and entering charges. A burglary lawyer Fauquier County from our firm can challenge the prosecution’s evidence. We offer 24/7 phone consultations at (888) 437-7747.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Burglary Law and Penalties
Burglary, defined in Va. Code § 18.2-89, is the breaking and entering of a dwelling house at night with intent to commit a felony, larceny, or assault. It is a Class 3 felony, carrying a potential sentence of 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 any building with the same intent and is a Class 6 felony (1-5 years, or up to 12 months and $2,500). The specific facts of your case determine the charge and potential penalties. A burglary charge defense lawyer Fauquier County can analyze the evidence to identify weaknesses in the prosecution’s case.
Fauquier County Court Process for Burglary Charges
Burglary cases in Fauquier County begin with an arrest and an initial appearance before a magistrate. Because burglary is a felony, your first court date will be a preliminary hearing at the Fauquier County General District Court at 6 Court Street in Warrenton. At this hearing, the Commonwealth must show probable cause that a crime was committed and that you likely committed it. If the judge finds probable cause, your case is certified to the Fauquier County Circuit Court for a jury trial. The Commonwealth’s Attorney for Fauquier County prosecutes these cases. Early intervention by a breaking and entering defense lawyer Fauquier County is critical to protect your rights during the investigation and initial hearings.
- Secure representation immediately after arrest or upon learning of an investigation.
- Attend the preliminary hearing in Fauquier County General District Court.
- If the case is certified, begin pre-trial motions and discovery in Circuit Court.
- Evaluate all evidence, including police reports and witness statements.
- Negotiate with the prosecutor for a reduction or prepare for a jury trial.
Potential Penalties for Burglary in Virginia
In Fauquier County, burglary is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000. Statutory burglary is a Class 6 felony with 1-5 years.
| 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 | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Va. Code § 18.2-91) | Class 6 Felony | 1 – 5 years (or up to 12 months) | Up to $2,500 | None | Permanent felony record, loss of firearm rights. |
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 has documented over firm-wide 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a felony burglary charge and the specific procedures of Fauquier County courts. Our approach involves a meticulous review of the evidence, including challenging the legality of searches, the credibility of witnesses, and the proof of specific criminal intent required for a conviction.
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 a documented result in Fauquier County with a 100% favorable outcome rate for the cases we have handled there. While every case is unique, our team, which includes former prosecutor Kristen Fisher and former Virginia State Trooper Bryan Block, works collaboratively to build the strongest possible defense strategy. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Local Burglary Defense Lawyer Near Fauquier County
Our Fairfax location serves clients at the Fauquier County courts in Warrenton, accessible via I-66, Route 29, and Route 17. We are your local burglary lawyer near Warrenton, The Plains, and Marshall.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
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 requires breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. “Breaking and entering” is often used colloquially but statutory burglary (§ 18.2-91) involves any building and can occur at any time. The specific intent and location determine the charge.
Can you go to jail for a first-time burglary offense in Fauquier County?
Yes. Burglary is a felony with mandatory prison time upon conviction. A Class 3 felony carries a statutory range of 5 to 20 years. While a judge has discretion, incarceration is likely. An experienced burglary lawyer Fauquier County can negotiate for a reduced charge or argue for alternative sentencing based on the circumstances.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, lack of evidence of a “breaking,” consent to enter, and challenging the legality of the evidence against you (like an unlawful search). A breaking and entering defense lawyer Fauquier County will investigate all possible defenses.
Do I need a lawyer for a burglary charge in Fauquier County?
Absolutely. The consequences of a felony conviction are severe and lifelong. The Commonwealth’s Attorney will vigorously prosecute the case. A burglary charge defense lawyer Fauquier County is essential to protect your rights, challenge the evidence, and work toward the best possible outcome, which may be a case dismissal or charge reduction.
What court hears burglary cases in Fauquier County?
Burglary cases start with a preliminary hearing at the Fauquier County General District Court. If probable cause is found, the case is transferred to the Fauquier County Circuit Court for a jury trial. You have an absolute right to a jury trial for any felony charge.
For more information, see our Virginia criminal defense hub. We also assist clients in Fairfax County and with DUI charges in Fauquier County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.