Burglary Lawyer Virginia — Defending Against Breaking and Entering Charges
Burglary in Virginia is a serious felony under Va. Code § 18.2-89, punishable by up to life imprisonment. If you are charged, you need a burglary lawyer Virginia from Law Offices Of SRIS, P.C. Our firm has 120+ years of combined experience and over 4,739 documented case results. We provide a strong defense against breaking and entering charges. Call (888) 437-7747 for a 24/7 consultation.
Last verified: April 2026 | Virginia Courts | Virginia General Assembly
Virginia Burglary Law and Penalties
In Virginia, burglary is defined as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The crime is codified under Va. Code § 18.2-89. A related charge, statutory burglary under § 18.2-91, involves entering a building with similar intent. These are not simple trespassing charges; they are felonies that carry severe consequences. A burglary charge defense lawyer Virginia can explain how the specific facts of your case relate to these statutes.
The penalties for a burglary conviction are harsh. A conviction under § 18.2-89 is a Class 3 felony, punishable by 5 to 20 years in prison and a fine of up to $100,000. If the defendant was armed with a deadly weapon, the penalty increases to a mandatory minimum of three years, up to life imprisonment. A conviction creates a permanent felony record, affecting employment, housing, and gun rights.
In Virginia, a burglary conviction carries a prison sentence of 5 to 20 years and creates 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 |
| Statutory Burglary (Va. Code § 18.2-91) | Class 3 Felony | 5 – 20 years* | Up to $100,000 | Permanent felony record, loss of firearm rights |
| Burglary while Armed | Class 2 Felony | 3 years mandatory min – Life | Up to $100,000 | Enhanced penalties, violent felony designation |
Results may vary. Prior results do not guarantee a similar outcome.
Building a Defense with a Burglary Lawyer Virginia
A breaking and entering defense lawyer Virginia from our firm will scrutinize every aspect of the prosecution’s case. Common defense strategies include challenging the intent element, arguing mistaken identity, questioning the legality of a search, or negotiating for a reduction to a lesser offense like trespassing. The procedural steps in a burglary case are critical and require immediate action.
- Arraignment and Bond Hearing: Your first court appearance. A lawyer can argue for your release on personal recognizance or a reasonable bond.
- Preliminary Hearing: In felony cases, this hearing tests the prosecution’s evidence. A skilled attorney can get charges dismissed if the evidence is weak.
- Discovery and Investigation: Your lawyer will obtain all police reports, witness statements, and forensic evidence to identify weaknesses.
- Pre-Trial Motions: Filing motions to suppress illegally obtained evidence or dismiss charges is a key defense tactic.
- Plea Negotiation or Trial: Your attorney will either negotiate for a favorable plea deal or prepare a vigorous defense for trial.
Why Choose Our Virginia Burglary Defense Attorneys
Law Offices Of SRIS, P.C. was founded in 1997 by a former prosecutor. Our team brings over 120 years of combined legal experience to every case. We have a documented record of over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a burglary charge and provide dedicated, case-specific defense strategies. Our firm-wide resources and collaborative approach ensure you have a strong legal team.
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
Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice. His strategic oversight is invaluable in building a strong defense.
We have successfully defended clients against burglary and related charges. For example, we secured an amendment of a charge from a felony to a misdemeanor in a case where the intent element was successfully challenged. In another instance, evidence was suppressed due to an unlawful search, skilled to a dismissal. Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Fairfax, Virginia
Our Fairfax location at 4008 Williamsburg Ct, Fairfax, VA 22032 is centrally located to serve clients across Northern Virginia. We are accessible via major highways including I-66, I-495, and Route 50. We serve communities in Fairfax, Arlington, Loudoun, Prince William, and surrounding counties.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
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 entering a dwelling at night with intent to commit a felony. Breaking and entering under § 18.2-91 (statutory burglary) involves entering any building with the same intent, regardless of time. Both are felonies, but the specific elements and potential defenses differ. A burglary charge defense lawyer Virginia can analyze which statute applies to your case.
Can a burglary charge be reduced to a misdemeanor?
It depends on the evidence and your criminal history. A breaking and entering defense lawyer Virginia may negotiate to reduce a felony burglary charge to a misdemeanor like trespassing or unlawful entry if the evidence of intent is weak or if there are procedural issues with the case. The outcome hinges on the specific facts and the skill of your attorney.
What should I do if I am arrested for burglary?
First, remain silent and ask for a lawyer. Do not discuss the case with anyone. Second, contact a burglary lawyer Virginia immediately. An attorney can protect your rights at the bond hearing, start investigating the charges, and advise you on the next steps. Early intervention is critical in felony cases.
How long does a burglary case take in Virginia?
A felony burglary case typically takes 3 to 9 months from arrest to resolution, depending on the court’s docket and case complexity. The preliminary hearing occurs within a few months of arrest. If the case proceeds to Circuit Court, the timeline extends. Your lawyer can provide a more specific estimate based on the local court.
Where can I find the official Virginia burglary statute?
You can review the official Virginia burglary law, Va. Code § 18.2-89, on the Virginia General Assembly website. For local court procedures, visit the Fairfax County Circuit Court website.
Internal Links: For more information on criminal defense, see our Virginia Criminal Lawyer hub page. We also assist clients in nearby areas like Henrico County. If you are facing other charges, consider our Fairfax Reckless Driving Lawyer services.
Last verified: April 2026. Information is subject to change. Contact Law Offices Of SRIS, P.C. for the most current legal guidance regarding burglary charges in Virginia.