Burglary Defense Lawyer Virginia — What Are Your Legal Options?
Burglary in Virginia is a serious felony under Va. Code § 18.2-89, punishable by 5 years to life in prison. If you are charged, you need a burglary defense lawyer Virginia from Law Offices Of SRIS, P.C. Our team, including former prosecutors, has handled 4,739+ documented case results with a 93%+ favorable outcome rate. We provide 24/7 consultations at (888) 437-7747.
Virginia Burglary Law and Penalties
Burglary in Virginia 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 | Virginia General Assembly | Official Virginia Code
The firm was founded in 1997 by former prosecutor Mr. Sris, whose background in accounting and information systems provides a unique advantage in analyzing complex evidence in property crime cases.
Official Legal Resources
Understanding the formal charges against you is critical. You can review the official Virginia burglary statute, Va. Code § 18.2-89 (official Virginia General Assembly). For court-specific procedures, visit the Virginia Circuit Court website, as felony burglary cases are typically heard in Circuit Court.
Local Defense Strategy for Burglary Charges
Virginia prosecutors treat burglary as a major property crime. A key local procedural fact is that intent is a central element the Commonwealth must prove beyond a reasonable doubt. Our defense strategy often focuses on challenging the evidence of that specific criminal intent. For a breaking and entering defense lawyer Virginia, the distinction between the specific intent for burglary and the general intent for unlawful entry can be the difference between a felony and a lesser charge.
- Initial Consultation & Case Review: Contact our office immediately after an arrest or receiving a warrant. We will review the charging documents and police reports with you.
- Evidence Analysis: Our team, including former prosecutor Kristen Fisher, scrutinizes the prosecution’s evidence for weaknesses, such as lack of forced entry or unreliable witness identification.
- Pre-Trial Motions: We file motions to suppress illegally obtained evidence or dismiss charges if constitutional rights were violated during the investigation.
- Negotiation & Trial Preparation: We engage with the Commonwealth’s Attorney to seek a reduction in charges, such as from burglary to trespassing. We prepare a full trial defense if a favorable plea cannot be reached.
Potential Penalties for Burglary in Virginia
In Virginia, burglary is classified as a felony with a penalty range of 5 years to life in prison, plus fines and a permanent felony record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 to 20 years, or up to life* | Up to $100,000 | N/A | Permanent felony record, loss of firearm rights, difficulty securing employment/housing. |
| Statutory Burglary (with weapon/assault) | Class 2 Felony | 20 years to life | Up to $100,000 | N/A | Enhanced penalties, mandatory minimum sentences may apply. |
Results may vary. Prior results do not guarantee a similar outcome.
*A jury can recommend a prison sentence of any length from 5 years up to life.
Why Choose Our Virginia Burglary Defense Team
Law Offices Of SRIS, P.C. was founded in 1997. Our combined legal experience exceeds 120 years. We have a documented track record of 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Our tagline, “Advocacy Without Borders,” reflects our commitment to aggressive representation. For a burglary charge defense lawyer Virginia, our insight into how prosecutors build these cases is invaluable.
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
Documented Case Results
Our firm-wide results across VA, MD, NJ, NY, and DC include 4,739+ documented case results with over 93% favorable outcomes. While every case is unique, our systematic approach to challenging evidence and negotiating with prosecutors has led to numerous dismissals, charge reductions, and favorable plea agreements in property crime cases.
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney, Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. His background in accounting aids in dissecting financial evidence that may be presented in burglary cases involving alleged theft.
Burglary Defense Lawyer Near Fairfax County, Virginia
Our Fairfax location at 4008 Williamsburg Ct, Fairfax, VA 22032, is centrally located to serve clients throughout Northern Virginia. We are accessible via major highways including I-66, I-495, and Route 50. If you are searching for a “burglary lawyer near Fairfax County,” we are here to help.
We serve communities including Fairfax, Arlington, Reston, Herndon, McLean, Vienna, Tysons, Centreville, Chantilly, Burke, Springfield, Annandale, Falls Church, Manassas, Woodbridge, Leesburg, Ashburn, Warrenton, Stafford, and Fredericksburg.
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.
Frequently Asked Questions
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a major difference. Burglary requires entering a dwelling at night with the intent to commit a felony, larceny, or assault, and is a felony. Breaking and entering under Va. Code § 18.2-91 generally involves entering a building to commit a misdemeanor and can be a misdemeanor or felony.
Can a burglary charge be reduced in Virginia?
It depends. A skilled burglary defense lawyer Virginia can often negotiate a reduction to a lesser charge like trespassing or unlawful entry if the evidence of specific criminal intent is weak. Success depends on the facts, your history, and the strength of the defense strategy.
What should I do if I am arrested for burglary?
Number one: remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a defense firm like SRIS, P.C. as soon as possible so we can begin protecting your rights and building your defense strategy from the start.
Is burglary a felony in Virginia?
Yes. Burglary as defined under Va. Code § 18.2-89 is always a felony—specifically a Class 3 felony punishable by 5 to 20 years, or up to life in prison. Enhanced charges apply if a weapon was involved or an assault occurred.
Do I need a lawyer for a burglary charge?
Yes. The consequences of a felony burglary conviction are severe and lifelong. A burglary charge defense lawyer Virginia is essential to challenge the evidence, protect your constitutional rights, and work toward the best possible outcome, whether through dismissal, reduction, or defense at trial.
For more information on related defenses, see our pages on Virginia criminal defense, Fairfax County criminal lawyer, and Fairfax reckless driving lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.