A burglary charge in Virginia 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, leveraging former prosecutor insight and over 120 years of combined legal experience. If you are facing a burglary charge, contact a burglary defense lawyer Virginia from our firm for a 24/7 consultation.
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 severity of the charge and its penalties depend on the specific circumstances, such as whether the building was occupied and if a weapon was involved.
Last verified: April 2026 | Virginia General Assembly | Va. Code § 18.2-89
Official Legal Resources
Building a Defense Against Burglary Charges
The prosecution must prove every element of burglary beyond a reasonable doubt. A skilled breaking and entering defense lawyer Virginia will challenge the evidence on intent, identity, and the legality of the entry. Common defenses include lack of intent to commit a crime inside, mistaken identity, or an unlawful search that led to the evidence.
- Immediate Case Review: Contact our firm immediately after an arrest or charge. We will secure a copy of the warrant and police reports.
- Evidence Analysis: Our team, including former prosecutors, scrutinizes the prosecution’s evidence for constitutional violations or weaknesses.
- Strategy Development: We build a defense plan, which may involve filing motions to suppress evidence or negotiating for a reduction to a lesser offense.
- Court Representation: We provide full representation at all hearings, from arraignment through trial if necessary.
Potential Penalties for Burglary in Virginia
In Virginia, burglary is a felony with penalties ranging from five years to life imprisonment, depending on the specific circumstances and the defendant’s prior record.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 to 20 years | Up to $100,000 | Permanent felony record, loss of voting rights, firearm restrictions |
| Statutory Burglary with Weapon (Va. Code § 18.2-90) | Class 2 Felony | 20 years to life | Up to $100,000 | Mandatory minimum sentences apply |
| Burglary with Intent to Commit Murder, Rape, or Robbery | Class 2 Felony | 20 years to life | Up to $100,000 | Considered a violent felony under Virginia law |
Results may vary. Prior results do not guarantee a similar outcome.
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 Firm Authority
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. has built a record of over 4,739 documented case results firm-wide with a favorable outcome rate exceeding 93%. Our team of over 120 years of combined experience includes former prosecutors and a former Virginia State Trooper, providing a unique perspective on building defenses. We approach each burglary charge defense with a detailed, case-specific strategy.
Mr. Sris, the firm’s founder, maintains a selective caseload on complex matters and provides strategic oversight. His background in accounting and information systems offers a distinct advantage in cases involving financial or technical evidence.
Local Defense for Virginia Burglary Charges
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.
Our Fairfax location serves clients across Northern Virginia, including Fairfax County, Arlington, Loudoun, and Prince William County. We offer 24/7 phone consultations and meetings by appointment only. If you need a burglary charge defense lawyer Virginia, contact us immediately to discuss your case.
Frequently Asked Questions
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 entering a dwelling house at night with intent to commit a felony, larceny, or assault. Breaking and entering (Va. Code § 18.2-91) involves entering a building to commit a misdemeanor. Burglary is generally a more serious felony charge.
Can a burglary charge be reduced to a misdemeanor?
It depends on the facts of the case and the defendant’s history. A skilled burglary defense lawyer Virginia may negotiate with the prosecutor to amend the charge to a lesser offense like trespassing or unlawful entry, which are misdemeanors. Success often hinges on the strength of the defense and the weaknesses in the prosecution’s evidence.
What are the defenses to a burglary charge?
Common defenses include lack of intent to commit a crime inside the building, mistaken identity, alibi, and challenging the legality of the police search that produced evidence. An attorney will also examine whether the location qualifies as a “dwelling house” and if the entry occurred at “night” as defined by law.
Do I need a lawyer for a burglary charge?
Yes. Burglary is a felony with severe, life-altering penalties. The legal process is complex, and the Commonwealth’s Attorney will be represented by experienced prosecutors. Having a burglary charge defense lawyer Virginia from SRIS, P.C. ensures your rights are protected and a strong defense is presented from the start.
Internal Resources: For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Fairfax County and with related charges such as Reckless Driving.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.