Burglary Lawyer Fairfax — What Are Your Defense Options?
Burglary in Fairfax County is a serious felony under Va. Code § 18.2-89, punishable by up to life in prison. Law Offices Of SRIS, P.C., a burglary lawyer Fairfax, has 501 documented results in Fairfax County. Our former prosecutors and former state trooper provide a strong defense against breaking and entering charges. Contact us 24/7 for a consultation by appointment.
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 specific elements and penalties are outlined in the Virginia Code.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
The primary statute is Va. Code § 18.2-89 (official Virginia General Assembly). This law classifies burglary as a felony. For court procedures and filing information, refer to the Fairfax County General District Court website.
Local Defense Strategy for Fairfax County Burglary Charges
In Fairfax County, prosecutors must prove every element of burglary beyond a reasonable doubt. A common defense challenges the intent element—arguing the accused had no intent to commit a crime inside. Another strategy involves questioning the legality of the search that led to evidence. Our team, including former prosecutor Kristen Fisher, analyzes police reports for procedural errors.
- Initial Consultation: Discuss the arrest details and police report with your attorney immediately.
- Evidence Review: Your lawyer will scrutinize search warrants, witness statements, and forensic reports for weaknesses.
- Preliminary Hearing: For felony burglary, this hearing in General District Court tests the prosecution’s evidence.
- Negotiation or Trial: Your attorney will seek a reduction or dismissal. If no agreement is reached, your case proceeds to a jury trial in Circuit Court.
Potential Penalties for Burglary in Virginia
In Fairfax County, burglary under Va. Code § 18.2-89 is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000. Statutory burglary under § 18.2-91 is a Class 4 felony (2-10 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 directly | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Va. Code § 18.2-91) | Class 4 Felony | 2 – 10 years | Up to $100,000 | None directly | Same as above; enhanced penalties if armed or if victim is injured. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Fairfax Burglary Defense Team
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 burglary charge and build defenses that challenge the prosecution’s case from the start.
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
Documented Case Results in Fairfax County
Our burglary charge defense lawyer Fairfax team has a documented history of achieving favorable outcomes in Fairfax County. We have 501 documented results locally, including 336 cases dismissed or found not guilty, and 143 charges reduced or amended.
Results may vary. Prior results do not guarantee a similar outcome.
- Case Example 1: Charge: OBTAIN MONEY ON FALSE PRETENCE > = $200.00 FELONY. Result: Reduced to a misdemeanor with a suspended jail sentence.
- Case Example 2: Charge: DANGEROUS DOG THAT BIT PERSON. Result: 179 days jail, fully suspended.
Our secondary attorney on complex cases, Mr. Sris, is the firm’s founder and a former prosecutor with a multi-state practice and a background in accounting, which aids in financial aspects of certain burglary cases.
Contact Our Fairfax Burglary Defense Lawyers
Law Offices Of SRIS, P.C.
Fairfax Location: 4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Fairfax County courts (4110 Chain Bridge Road). We are a burglary lawyer near Fairfax, serving communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. 24/7 phone consultations — (888) 437-7747 — meetings 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 § 18.2-89) requires entering a dwelling at night with intent to commit a felony, larceny, or assault. Breaking and entering (Va. Code § 18.2-91) applies to entering any building with the same intent, regardless of time. Both are felonies, but burglary carries more severe penalties.
Can a burglary charge be reduced to a misdemeanor in Fairfax County?
It depends on the evidence and your criminal history. Prosecutors may agree to reduce a felony burglary to a misdemeanor like trespassing or petit larceny if the evidence of intent is weak or through a plea agreement. An experienced burglary lawyer Fairfax can negotiate based on the specifics of your case.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for a non-criminal purpose), mistaken identity, an illegal search and seizure that violates the Fourth Amendment, or insufficient evidence that you were the person who committed the act. A breaking and entering defense lawyer Fairfax will identify the strongest defense for your situation.
Do I need a lawyer for a burglary charge in Fairfax?
Yes. Burglary is a serious felony with potential for decades in prison and a permanent criminal record. The Commonwealth’s Attorney for Fairfax County vigorously prosecutes these cases. Having a burglary charge defense lawyer Fairfax is critical to protect your rights, challenge evidence, and seek the best possible outcome.
What happens at a preliminary hearing for burglary?
The preliminary hearing is held in Fairfax County General District Court. The prosecutor must show probable cause that a burglary was committed and that you likely committed it. It is a key stage where your attorney can cross-examine witnesses and potentially get the charge dismissed if the evidence is insufficient.
Related Legal Resources
If you are facing other charges, our firm also provides representation for DUI defense in Fairfax and family law matters. For more information on criminal defense statewide, visit our Virginia criminal defense hub page. We also assist clients in neighboring areas like Falls Church and Prince William County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.