Burglary Lawyer Falls Church — What Are Your Defense Options?
A burglary charge in Falls Church is a serious felony under Va. Code § 18.2-89, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. has documented results defending breaking and entering cases in Falls Church General District Court.
Virginia Burglary Law and Penalties
In Virginia, burglary is defined by statute as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The crime is classified as a felony, with penalties escalating based on the presence of a deadly weapon or whether the act was committed while armed. The specific statute governing this offense is Va. Code § 18.2-89. The law requires the prosecution to prove beyond a reasonable doubt that you broke and entered the dwelling of another, at night, with the specific intent to commit a felony, assault, or larceny inside.
Last verified: April 2026 | Falls Church General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a foundational understanding of how the Commonwealth builds its cases, which is critical for constructing an effective defense against serious felony charges like burglary.
Official Legal Resources
For the exact statutory language, refer to the official Va. Code § 18.2-89 (official Virginia General Assembly website). Court procedures and filings for Falls Church cases are handled through the Falls Church General District Court website.
Falls Church Court Process for Burglary Charges
In Falls Church, a burglary charge begins with an arrest and an initial appearance at the Falls Church General District Court for a bond hearing and to set a date for a preliminary hearing. Because burglary is a felony, the General District Court does not hold a final trial; its role is to determine if there is probable cause to send the case to the Falls Church Circuit Court for a jury trial. Prosecutors in the 17th Judicial District must prove the elements of nighttime entry and specific criminal intent.
- Arrest & Initial Appearance: You will be taken before a magistrate for a bond hearing. Your attorney can argue for personal recognizance or a reasonable secured bond.
- Preliminary Hearing: A hearing in Falls Church General District Court where the prosecutor must show probable cause that a burglary occurred and that you committed it.
- Circuit Court Arraignment: If the case is certified, you will be arraigned in Falls Church Circuit Court, enter a plea, and receive a trial date.
- Pre-Trial Motions & Discovery: Your attorney will file motions to suppress evidence, challenge the indictment, and obtain all discovery from the prosecution.
- Jury Trial: You have an absolute right to a jury trial in Circuit Court, where the Commonwealth must prove every element of burglary beyond a reasonable doubt.
- Sentencing (if applicable): If convicted, sentencing follows Virginia’s felony sentencing guidelines, which a judge will consider.
Potential Penalties for Burglary in Virginia
In Falls Church, a burglary conviction under Va. Code § 18.2-89 is a Class 3 felony, carrying a prison sentence of 5 to 20 years and a fine of up to $100,000. Penalties increase if the act was committed while armed.
| 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 securing employment/housing. |
| Burglary while Armed (Va. Code § 18.2-90) | Class 2 Felony | 20 years to life | Up to $100,000 | None directly | Mandatory minimum sentences apply; same severe collateral consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Burglary and Breaking and Entering Cases
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our founding attorney’s background as a former prosecutor provides critical insight into how the Commonwealth constructs burglary cases, focusing on the intent element. We have a documented record of defending clients against serious felony charges in Northern Virginia courts.
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 Falls Church
Our firm has a documented history of favorable outcomes in Falls Church courts. For example, we have secured dismissals (nolle prosequi) for clients facing serious misdemeanor and felony charges. Each case outcome depends on its unique facts and evidence. Our approach involves a meticulous review of police reports, witness statements, and forensic evidence to identify weaknesses in the prosecution’s case, particularly in proving the specific intent required for burglary.
Results may vary. Prior results do not guarantee a similar outcome.
Local Burglary Defense Serving Falls Church
Our Fairfax location is centrally located to serve clients at the Falls Church General District Court. We provide experienced defense for those seeking a burglary charge defense lawyer Falls Church. We serve clients in Falls Church and surrounding communities.
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.
24/7 phone consultations — (888) 437-7747 — 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 (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) can involve any building, day or night, with the same intent, but carries a lesser penalty. A breaking and entering defense lawyer Falls Church can explain which charge applies to your case.
Can you go to jail for a first-time burglary offense in Falls Church?
Yes. Burglary is a felony with a mandatory prison sentence upon conviction. Virginia sentencing guidelines for a Class 3 felony start at 5 years, though a judge has discretion within the 5-to-20-year range. Even for a first offense, incarceration is a likely outcome if convicted, making early intervention by a burglary lawyer Falls Church critical.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for a non-criminal purpose), mistaken identity, lack of evidence of a “breaking” (you had permission to enter), or challenging the legality of the police investigation (illegal search). The defense strategy depends entirely on the specific facts uncovered during investigation.
Is burglary a federal crime?
It depends. Most burglary cases are prosecuted under state law. However, burglary can become a federal crime if it involves a federally insured bank, occurs on federal property (like a military base or post office), or is part of an interstate criminal enterprise. Federal charges carry separate, often more severe, penalties.
Should I talk to the police if I’m suspected of burglary?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and request to speak with a lawyer immediately. Anything you say can be used to establish intent, a core element of the burglary charge. Contact a burglary lawyer Falls Church before speaking with investigators.
Related Legal Resources
If you are facing charges in Falls Church, you may also need information on other matters. We also assist with DUI defense in Falls Church and family law matters in Falls Church. For a broader view of our criminal defense practice, visit our Virginia criminal defense hub page. We also represent clients in neighboring jurisdictions like Fairfax County.
Page last verified and updated: April 2026. Laws and procedures change. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.