
Burglary Defense Lawyer Fairfax — What Are Your Legal Options?
A burglary charge in Fairfax County is a serious felony under Va. Code § 18.2-90, carrying severe penalties. Law Offices Of SRIS, P.C. has 501 documented criminal case results in Fairfax County. If you are accused, a burglary defense lawyer Fairfax from our firm can analyze the evidence, challenge the prosecution’s case, and work to protect your rights and future.
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 statute is Va. Code § 18.2-90. A conviction is a Class 3 felony, punishable by 5 to 20 years in prison and a fine of up to $100,000. If the accused was armed with a deadly weapon, the charge becomes statutory burglary while armed, a more severe offense.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly.
Official Legal Resources
For the official Virginia statute, see Va. Code § 18.2-90 (official Virginia General Assembly). Court information is available at the Fairfax County General District Court website.
Defending Burglary Charges in Fairfax County
Building a defense requires a detailed examination of the facts. A burglary charge defense lawyer Fairfax will scrutinize the evidence for weaknesses. Common defense strategies include challenging the intent element, arguing mistaken identity, or questioning the legality of a search that produced evidence. The prosecution must prove every element beyond a reasonable doubt.
- Initial Consultation: Discuss the arrest details and charges with your attorney.
- Evidence Review: Your lawyer will obtain and analyze all police reports, witness statements, and forensic evidence.
- Motion Filing: File pre-trial motions to suppress illegally obtained evidence or dismiss charges if the case is weak.
- Negotiation or Trial: Negotiate with the Commonwealth’s Attorney for a reduction or prepare for a jury trial in Fairfax County Circuit Court.
Potential Penalties for Burglary in Virginia
In Fairfax County, a burglary conviction is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-90) | Class 3 Felony | 5 – 20 years | Up to $100,000 | No direct impact | Permanent felony record, loss of voting rights, firearm restrictions, difficulty finding employment/housing. |
| Statutory Burglary (Armed) | Class 2 Felony | 20 years to life | Up to $100,000 | No direct impact | Mandatory minimum sentences apply; same severe collateral consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
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. We understand the high stakes of a felony charge and provide focused, strategic defense.
Kristen M. Fisher, Of Counsel (Former Prosecutor)
Kristen Fisher, a former Assistant State’s Attorney in Maryland, leads our criminal defense team in Virginia. Admitted to the Virginia and Maryland bars, her prosecutorial background provides critical insight into building effective defenses against serious charges like burglary. She focuses on litigation and vigorous courtroom representation.
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 firm has documented 501 criminal case results in Fairfax County, including 336 dismissals or not-guilty verdicts and 143 charges reduced or amended. For example, our team has secured favorable outcomes in cases involving serious theft and property charges. Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex cases, ensuring every defense angle is explored.
Contact Our Fairfax Burglary Defense Lawyers
Our Fairfax location at 4008 Williamsburg Ct, Fairfax, VA 22032 serves clients throughout the region. We are accessible from major highways and near the Fairfax County Courthouse. We serve communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct
Fairfax, VA 22032
By appointment only.
FAQs: Burglary Defense in Fairfax, VA
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary (Va. Code § 18.2-90) requires entering a dwelling at night with intent to commit a crime. Breaking and entering (Va. Code § 18.2-91) can involve any building, day or night, with the same criminal intent. The penalties and elements differ, making the advice of a breaking and entering defense lawyer Fairfax critical.
Can a burglary charge be reduced to a misdemeanor?
It depends. While burglary is a felony, negotiations with the prosecutor may sometimes lead to a reduction to a lesser charge like trespassing or petit larceny, depending on the evidence, the defendant’s history, and the strength of the defense. An experienced burglary defense lawyer Fairfax can evaluate this possibility.
What should I do if I am arrested for burglary in Fairfax?
First, remain silent and ask for a lawyer. Do not discuss the case with anyone but your attorney. Contact a burglary charge defense lawyer Fairfax immediately. Your lawyer will guide you through the bail process and begin building your defense by securing evidence and protecting your rights.
Is intent really that important in a burglary case?
Yes. Intent to commit a felony, larceny, or assault inside the dwelling is a required element for burglary. If the prosecution cannot prove this specific intent beyond a reasonable doubt, a conviction cannot stand. Challenging intent is a common and powerful defense strategy.
How long does a burglary case take in Fairfax County?
A felony burglary case typically takes 3 to 9 months from arrest to trial in Fairfax County Circuit Court. The timeline includes preliminary hearings in General District Court, discovery, motion filings, and trial preparation. Complex cases or those involving extensive evidence may take longer.
Internal Resources
For more information, visit our Virginia Criminal Defense hub page. We also assist clients in nearby areas like Fairfax City and with related charges such as DUI defense in Fairfax.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.