Burglary Lawyer Augusta County — What Are Your Defense Options?
A burglary charge in Augusta County is a serious felony under Va. Code § 18.2-90, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. provides a strong defense for breaking and entering charges in Augusta County General District and Circuit Courts. Our burglary lawyer Augusta County team has documented case results in the Shenandoah Valley. Call (888) 437-7747 for a 24/7 consultation.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-90 as entering a dwelling house at night with intent to commit a felony, larceny, or assault. A related charge, statutory burglary under § 18.2-91, involves breaking and entering with the same intent, regardless of the time of day. These are Class 3 felonies, punishable by 5 to 20 years in prison and a fine up to $100,000. If the perpetrator is armed with a deadly weapon, the charge escalates to a Class 2 felony under § 18.2-90, with a potential sentence of 20 years to life.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the burglary statute, see Va. Code § 18.2-90 (official Virginia General Assembly). Court information for Augusta County is available at the Augusta County General District Court website.
Augusta County Court Process for Burglary Charges
Burglary cases in Augusta County begin with an arrest and a bond hearing before a magistrate. The case is first heard in Augusta County General District Court for a preliminary hearing to determine probable cause. If bound over, the felony trial proceeds in Augusta County Circuit Court. The Commonwealth’s Attorney must prove beyond a reasonable doubt that you entered the structure and had the specific intent to commit a crime inside.
- Secure legal representation immediately after arrest or upon learning of a warrant.
- Attend the preliminary hearing in Augusta County General District Court to challenge probable cause.
- If the case proceeds, engage in discovery and file pre-trial motions in Circuit Court.
- Evaluate all options, which may include negotiating a plea to a lesser charge or preparing for trial.
- Present a defense at trial, focusing on lack of intent, mistaken identity, or an alibi.
Potential Penalties for Burglary in Augusta County
In Augusta County, burglary is a felony carrying a prison sentence of 5 years to life, substantial fines, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-90) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None directly | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (§ 18.2-91) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None directly | Same as above. |
| Burglary while Armed (§ 18.2-90) | Class 2 Felony | 20 years – Life | Up to $100,000 | None directly | Mandatory minimum sentences apply. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Augusta County Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of favorable outcomes for clients in the Shenandoah Valley. Our approach is built on thorough case investigation and aggressive courtroom advocacy.
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 history of achieving positive results for clients across Virginia. In related criminal matters, we have secured outcomes such as charges being dropped to lesser offenses or dismissed entirely. For example, we have successfully had charges like reckless driving and destruction of property amended or dismissed in various Virginia courts.
Results may vary. Prior results do not guarantee a similar outcome.
Local Augusta County Burglary Defense
Our Shenandoah/Woodstock location serves clients facing charges at the Augusta County courts in Staunton. We are a local burglary charge defense lawyer Augusta County resource for communities including Staunton, Waynesboro, Fishersville, and Stuarts Draft. We offer 24/7 phone consultations — meetings are by appointment only.
Law Offices Of SRIS, P.C.
505 N Main St #103
Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions: Burglary Charges in Augusta County
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 crime. “Breaking and entering” is often used colloquially but is typically charged as statutory burglary (§ 18.2-91) or unlawful entry (§ 18.2-119), which may not require the dwelling or nighttime elements.
Can you go to jail for a first-time burglary offense in Augusta County?
Yes. Burglary is a felony, and a conviction carries a mandatory prison sentence. For a Class 3 felony burglary, the sentencing range is 5 to 20 years. The judge has discretion within the statutory range, but incarceration is likely, even for a first offense.
What are common defenses to a burglary charge?
Common defenses include lack of intent to commit a crime inside the building, mistaken identity, having permission or ownership of the property (lack of breaking), or presenting a verifiable alibi. An experienced breaking and entering defense lawyer Augusta County can investigate the evidence to identify the strongest defense for your case.
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. You should politely decline to answer questions without a lawyer present. Anything you say can be used against you, and investigators are focused on building a case for prosecution.
What happens at a preliminary hearing for burglary in Augusta County?
The preliminary hearing is held in Augusta County General District Court. The prosecutor must show probable cause that a burglary occurred and that you committed it. Your attorney can cross-examine witnesses and argue to have the charge dismissed if the evidence is insufficient. If probable cause is found, the case is sent to Circuit Court for trial.
If you are facing a burglary charge in Augusta County, contact a burglary lawyer Augusta County from our team immediately. We offer 24/7 phone consultations to discuss your case and defense options.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.