
Burglary Defense Lawyer Fauquier County — Protecting Your Rights
A burglary charge in Fauquier County is a serious felony under Va. Code § 18.2-90, punishable by up to life in prison. Law Offices Of SRIS, P.C. provides a strong defense for those accused of breaking and entering.
Virginia Burglary Law and Penalties
In Virginia, burglary is defined by statute as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The severity of the charge and its penalties depend on the specific circumstances, such as whether the building was occupied or if a weapon was involved.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-90 (official Virginia General Assembly)
- Fauquier County General District Court Website
Defending a Burglary Charge in Fauquier County
Prosecutors in Fauquier County take burglary allegations very seriously. A strong defense often hinges on challenging the evidence of intent or unlawful entry. The Commonwealth must prove every element of the crime beyond a reasonable doubt.
- Initial Consultation: Contact our firm immediately after an arrest or charge. We will review the police report and your account of events.
- Evidence Review: We meticulously examine all evidence, including police reports, witness statements, and any forensic or digital evidence.
- Motion Practice: If evidence was obtained improperly, we file motions to suppress it, which can significantly weaken the prosecution’s case.
- Negotiation or Trial: We pursue all options, from negotiating for a reduction to lesser charges to preparing a vigorous defense for trial in Fauquier County Circuit Court.
Potential Penalties for Burglary in Virginia
In Fauquier County, burglary is a felony with severe penalties, including lengthy prison sentences and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Dwelling at Night) | Class 3 Felony | 5 to 20 years | Up to $100,000 | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Burglary with Deadly Weapon | Class 2 Felony | 20 years to life | Up to $100,000 | Same as above, with enhanced mandatory minimum sentences. |
| Breaking and Entering (Non-Dwelling) | Class 6 Felony | 1 to 5 years (or up to 12 months) | Up to $2,500 | Felony record, potential probation, restitution. |
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 track record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand that a burglary charge can upend your life, and we are committed to providing a focused, strategic defense.
Kristen M. Fisher, Of Counsel (Former Prosecutor)
Kristen Fisher, a former Assistant State’s Attorney in Maryland, brings firsthand prosecutorial insight to her defense practice. Admitted to the Virginia and Maryland bars, she focuses on criminal defense, including burglary and breaking and entering charges. Her experience on both sides of the courtroom provides a strategic advantage in building defenses and negotiating with prosecutors in Fauquier County.
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 and Client Advocacy
Our firm has a documented result in Fauquier County with a 100% favorable outcome rate in criminal matters. While every case is unique, our approach is consistent: we analyze the specific facts, identify weaknesses in the prosecution’s case, and advocate aggressively for our clients. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Fauquier County Residents
Our Fairfax location serves clients facing charges at the Fauquier County courts in Warrenton. We represent individuals from Warrenton, New Baltimore, Bealeton, Marshall, and The Plains. If you need a burglary charge defense lawyer Fauquier County, we are accessible via I-66, Route 29, and Route 17.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
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 § 18.2-90 requires entering a dwelling house at night with intent to commit a felony, larceny, or assault. Breaking and entering under § 18.2-91 generally applies to non-dwellings (like a store) or a dwelling in the daytime, and carries a lesser penalty.
Can I go to jail for a first-time burglary offense in Fauquier County?
It depends. Burglary is a felony with a potential prison sentence. For a first-time offender, the court may consider alternatives like suspended sentences or probation, but incarceration is a real possibility. The specific facts, your background, and the strength of your defense are critical factors.
What should I do if I am arrested for burglary?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a burglary defense lawyer Fauquier County as soon as possible to begin building your defense and protect your rights during questioning and arraignment.
What defenses are available against a burglary charge?
Common defenses include lack of intent to commit a crime, mistaken identity, unlawful search and seizure, consent to enter the property, or an alibi. A breaking and entering defense lawyer Fauquier County can evaluate the evidence to determine the best defense strategy for your situation.
How long does a burglary case take in Fauquier County?
A misdemeanor breaking and entering case in General District Court may take 4-8 weeks. A felony burglary case, which starts in GDC for a preliminary hearing and moves to Circuit Court for trial, can take 3 to 9 months or longer, depending on complexity and court schedules.
Related Legal Information
If you are facing charges, act quickly. For more information on criminal defense in Virginia, visit our Virginia criminal defense hub page. We also assist clients in neighboring areas like Fairfax County and Prince William County. For other legal needs in Fauquier County, consider our services for DUI defense or family law matters.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.