Burglary Lawyer Chesapeake — What Are Your Defense Options?
Burglary in Chesapeake is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. A burglary lawyer Chesapeake from Law Offices Of SRIS, P.C. can challenge the prosecution’s evidence of unlawful entry and intent. With documented results in Chesapeake courts, we provide a strong defense. Contact us 24/7 for a case review.
Last verified: April 2026 | Chesapeake 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 the dwelling house of another at night with intent to commit a felony, larceny, or assault. This is a Class 3 felony, punishable by 5 to 20 years in prison and a fine of up to $100,000. If the perpetrator is armed with a deadly weapon, the charge escalates to statutory burglary while armed under § 18.2-90, a more severe felony. The prosecution must prove every element beyond a reasonable doubt, including the specific intent at the moment of entry. Founded in 1997 by former prosecutor Mr. Sris, our firm understands how to scrutinize these elements.
Official Legal Resources
For the official text of the burglary statute, refer to Va. Code § 18.2-89 (official Virginia General Assembly). Court procedures and filings for Chesapeake cases are handled through the Chesapeake General District Court and Circuit Court.
Local Defense Strategy in Chesapeake
In Chesapeake General District Court, felony burglary charges begin with a preliminary hearing to determine probable cause. A skilled breaking and entering defense lawyer Chesapeake will attack weaknesses in the state’s case at this early stage. Prosecutors must establish that the entry was both unlawful and accompanied by felonious intent. Common defense angles include mistaken identity, lack of intent, or that the accused had permission to enter. The local Commonwealth’s Attorney’s office pursues these charges aggressively, making early intervention by a burglary lawyer Chesapeake critical.
- Secure immediate legal representation after arrest or charge.
- Your attorney will file for discovery to obtain all police reports and evidence.
- A preliminary hearing in Chesapeake GDC will test the prosecution’s evidence.
- If bound over, your case moves to Chesapeake Circuit Court for potential trial or negotiation.
- Your lawyer will develop a defense strategy, which may include filing pre-trial motions.
- Prepare for either a negotiated plea resolution or a jury trial.
Potential Penalties for Burglary Charges
In Chesapeake, burglary is a felony with penalties ranging from 5 years to life imprisonment, depending on the specific circumstances and enhancements.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 – 20 years | Up to $100,000 | Permanent felony record |
| Burglary while Armed (Va. Code § 18.2-90) | Class 2 Felony | 20 years to life | Up to $100,000 | Mandatory minimum sentences apply |
| Breaking and Entering with Intent (Other Building) | Class 6 Felony | 1 – 5 years (or up to 12 months) | Up to $2,500 | Possible probation |
Results may vary. Prior results do not guarantee a similar outcome.
Firm Experience and Authority
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We have achieved thousands of favorable outcomes for clients. Our team includes former prosecutors and a former Virginia State Trooper, providing insight into both sides of a criminal case. We focus on building a strong, evidence-based defense for every client.
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
Our firm has a documented record of achieving positive results for clients. In Chesapeake, we have secured dismissals and favorable reductions in criminal cases. For example, our team has successfully defended against serious felony charges by challenging the prosecution’s evidence and proving reasonable doubt. Mr. Sris, our managing attorney with a background as a former prosecutor, oversees complex defense strategies.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Chesapeake
Our Richmond location serves clients facing charges in Chesapeake courts. We are accessible via I-64 and other major highways. If you need a burglary charge defense lawyer Chesapeake, contact us for a consultation. We serve Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
Law Offices Of SRIS, P.C. — Richmond
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.
Frequently Asked Questions
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, larceny, or assault. Breaking and entering under § 18.2-91 applies to other buildings and may be a Class 6 felony. The specific intent and type of building define the charge.
Can you go to jail for a first-time burglary offense in Chesapeake?
Yes. Burglary is a felony with mandatory prison time. A Class 3 felony burglary conviction carries a statutory range of 5 to 20 years. While judges have discretion, incarceration is likely. An experienced burglary lawyer Chesapeake can negotiate for alternative sentencing or reduced charges based on the case facts.
What are common defenses to a burglary charge?
Common defenses include lack of intent, mistaken identity, alibi, consent to enter the property, and insufficient evidence. The prosecution must prove you had the specific intent to commit a crime at the time of entry. A breaking and entering defense lawyer Chesapeake can challenge witness identification, police procedure, and the legality of evidence.
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. Politely decline to answer questions and request a lawyer immediately. Anything you say can be used against you. Contact a burglary lawyer Chesapeake before speaking to investigators.
How long does a burglary case take in Chesapeake?
It depends. A misdemeanor breaking and entering case may resolve in a few months. A felony burglary case can take 6 months to over a year, especially if it proceeds to a jury trial in Chesapeake Circuit Court. The timeline includes arraignment, preliminary hearing, discovery, motions, and potential trial.