Burglary Lawyer Fairfax County — What Are Your Defense Options?
A burglary charge in Fairfax County is a serious felony under Va. Code § 18.2-90, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County, including cases of breaking and entering. You need a burglary lawyer Fairfax County who understands the local courts and can build a strong defense.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-90 as entering a dwelling house at night with intent to commit a felony, larceny, or assault. A related charge, statutory burglary under § 18.2-91, involves entering a dwelling in the daytime with the same intent. Breaking and entering under § 18.2-92 involves entering a building other than a dwelling with criminal intent. These are all felony offenses.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly.
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-90 (official Virginia General Assembly). Court information is available at the Fairfax County General District Court website.
Fairfax County Burglary Case Process
In Fairfax County, burglary cases begin with an arrest and a bond hearing before a magistrate. The case then proceeds to the Fairfax County General District Court for a preliminary hearing to determine probable cause. If bound over, the felony trial occurs in Fairfax County Circuit Court. Prosecutors must prove you entered a structure and had the specific intent to commit a crime inside.
- Arrest and initial bond hearing before a magistrate.
- Preliminary hearing in Fairfax County General District Court to establish probable cause.
- If bound over, arraignment and trial scheduling in Fairfax County Circuit Court.
- Discovery phase: your attorney reviews all police reports, evidence, and witness statements.
- Pre-trial motions to suppress evidence or dismiss charges.
- Jury trial or plea negotiations based on the strength of the defense.
Potential Penalties for Burglary in Fairfax County
In Fairfax County, burglary is a felony with penalties ranging from 5 years to life imprisonment, plus fines and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Night, Dwelling) | Class 3 Felony | 5-20 years, or up to life | Up to $100,000 | None directly | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Day, Dwelling) | Class 3 Felony | 5-20 years | Up to $100,000 | None directly | Same as above. |
| Breaking and Entering (Non-Dwelling) | Class 6 Felony | 1-5 years (or up to 12 months at jury discretion) | Up to $2,500 | None directly | Felony record, collateral consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Fairfax County Burglary Cases
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 record includes 4,739+ case results with a 93%+ favorable outcome rate. In Fairfax County specifically, we have documented 501 results, including cases involving breaking and entering charges. Our approach is grounded in a deep understanding of local prosecution tactics and courtroom procedures.
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 documented results in Fairfax County include 501 cases with 336 dismissed or not guilty findings, 143 charges reduced or amended, and 5 other favorable outcomes, representing a 97% favorable outcome rate. These results encompass a range of criminal charges. Results may vary. Prior results do not guarantee a similar outcome.
For example, our team has successfully negotiated reductions from felony breaking and entering charges to misdemeanors, avoiding mandatory prison time. In other cases, motions to suppress evidence obtained without proper warrants have led to dismissals.
Local Defense Near You
Our Fairfax location serves clients at the Fairfax County courts. As a burglary lawyer near Fairfax County, 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 County Burglary Defense FAQs
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary under Va. Code § 18.2-90 involves entering a dwelling house at night with criminal intent. Breaking and entering under § 18.2-92 typically involves entering a building other than a dwelling (like a business or shed) with intent to commit a crime, and it is generally a Class 6 felony.
Can a burglary charge be reduced to a misdemeanor in Fairfax County?
It depends on the evidence, your criminal history, and the specific facts. A skilled burglary charge defense lawyer Fairfax County can negotiate with prosecutors. Reductions to misdemeanor trespassing or unlawful entry are sometimes possible, especially for first-time offenders or when evidence is weak, avoiding a lifelong felony record.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for a non-criminal purpose), mistaken identity, unlawful search and seizure (suppressing evidence), consent to enter, and insufficient evidence. An attorney will investigate the scene, witness statements, and police procedure to identify the strongest defense strategy for your case.
Do I need a lawyer for a burglary charge in Fairfax County?
Yes. Burglary is a serious felony with mandatory prison time upon conviction. The Commonwealth’s Attorney vigorously prosecutes these cases. A burglary lawyer Fairfax County is essential to protect your rights, challenge evidence, negotiate with prosecutors, and present a defense at trial to fight for the best possible outcome.
What should I do if I am arrested for burglary in Fairfax County?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a burglary lawyer Fairfax County as soon as possible. Your attorney can advise you during questioning, work to secure your release on bond, and begin building your defense by preserving evidence and identifying witnesses.
Related Legal Resources
If you are facing charges in a neighboring area, our Fairfax City criminal defense lawyers can help. For an overview of our statewide practice, visit our Virginia criminal defense hub. If you have other related charges, consider our Fairfax County DUI defense attorneys.
Last verified: April 2026. Information is subject to change. Consult an attorney for current legal advice.