Burglary Lawyer Lexington — What Are Your Defense Options?
Burglary in Lexington is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. A burglary lawyer Lexington from Law Offices Of SRIS, P.C. is essential to challenge the prosecution’s evidence. Our firm has documented case results in Lexington courts. We provide 24/7 consultations.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-89 as breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. It is a Class 3 felony, punishable by 5 to 20 years in prison and a fine of up to $100,000. A related charge, statutory burglary under § 18.2-91, involves breaking and entering with intent to commit larceny, assault, or any other felony, and can be charged as a Class 3 or Class 6 felony depending on the circumstances. The severity of the charge hinges on proving the specific intent at the moment of entry.
In Lexington, a burglary conviction carries a mandatory prison sentence of 5 to 20 years as a Class 3 felony, with fines up to $100,000 and a permanent felony record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5-20 years | Up to $100,000 | N/A | Permanent felony record, loss of firearm rights, difficulty securing employment/housing |
| Statutory Burglary (Va. Code § 18.2-91) | Class 3 or Class 6 Felony | 1-20 years (or 12 mos.) | Up to $100,000 | N/A | Same as above; severity depends on location and intent |
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense Strategy in Lexington Courts
In Lexington General District Court, felony burglary charges begin with a preliminary hearing to determine if there is probable cause to send the case to Circuit Court for trial. Prosecutors must prove every element, including the specific intent to commit a felony at the time of entry. A skilled breaking and entering defense lawyer Lexington will scrutinize the evidence for weaknesses, such as lack of forced entry (which negates “breaking”), mistaken identity, or an alibi. The proximity to Virginia Military Institute and Washington and Lee University can sometimes influence case dynamics, including witness availability.
- Secure Immediate Legal Representation: Contact a burglary lawyer Lexington immediately after arrest. Do not speak to investigators without an attorney present.
- Preliminary Hearing Preparation: Your attorney will file for a preliminary hearing in Lexington General District Court to challenge probable cause.
- Evidence Review & Motion Filing: Your lawyer will obtain discovery, review all police reports and evidence, and file pre-trial motions to suppress illegally obtained evidence.
- Case Strategy Development: Based on the evidence, your attorney will develop a defense strategy, which may include negotiating a reduction to a lesser charge or preparing for a jury trial in Lexington Circuit Court.
- Trial or Resolution: If the case proceeds, your lawyer will provide vigorous representation at a jury trial. If a plea agreement is in your best interest, they will negotiate for the most favorable terms possible.
Our Experience with Burglary Cases
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys bring a combined 120+ years of legal experience to building a strong defense against serious felony charges like burglary. We understand the high stakes and work diligently to protect your future.
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 firm has a documented record of favorable outcomes in criminal cases. In Lexington, we have achieved results for clients facing serious charges. For instance, our team, including experienced attorney Mr. Sris, has successfully navigated complex criminal proceedings to secure dismissals, reductions, and acquittals.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Lexington Burglary Defense Lawyers
Our Richmond location serves clients at the Lexington courts. We are accessible via I-81 and I-64. Serving the Lexington community.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Burglary Defense FAQs in Lexington, VA
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 breaking and entering a dwelling at night with intent to commit a felony. Breaking and entering (Va. Code § 18.2-91) is broader, covering entry into any building with intent to commit larceny, assault, or other felony, and can be a felony or misdemeanor.
Can a burglary charge be reduced in Lexington?
It depends on the evidence and circumstances. A skilled burglary charge defense lawyer Lexington may negotiate a reduction to a lesser offense like trespassing or unlawful entry if the evidence for specific intent or breaking is weak. Success depends on the facts of your case and your attorney’s negotiation skill.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, lack of breaking (you had permission or the entry was not forced), an alibi, or challenging the legality of the evidence collection (illegal search). Each defense requires careful investigation and presentation.
Do I need a lawyer for a burglary preliminary hearing in Lexington?
Yes. The preliminary hearing in Lexington General District Court is a critical stage where your attorney can challenge the prosecution’s evidence and potentially get the felony charge dismissed for lack of probable cause. Having a lawyer is essential to protect your rights.
What happens after a preliminary hearing for burglary?
If the judge finds probable cause, your case is “certified” to Lexington Circuit Court for a felony jury trial. Your attorney will then engage in formal discovery, file motions, and either prepare for trial or negotiate a potential plea agreement with the Commonwealth’s Attorney.
Legal Resources
- Review the official Va. Code § 18.2-89 (Burglary) from the Virginia General Assembly.
- Visit the Lexington General District Court website for local rules and information.
For related legal assistance in Lexington, you may also consider our DUI defense lawyers or our Virginia criminal defense hub. We also serve neighboring areas like Henrico County.