Burglary Lawyer Fairfax County — Defending Against Breaking and Entering Charges
Burglary in Fairfax County is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. A burglary lawyer Fairfax County from Law Offices Of SRIS, P.C. provides a strong defense against breaking and entering charges. With 501 documented results in Fairfax County, our team builds case-specific strategies to protect your rights and future. Contact us 24/7 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary, defined in Virginia as the breaking and entering of a dwelling house at night with intent to commit a felony, larceny, or assault, is prosecuted as a Class 3 felony under Va. Code § 18.2-89. This is distinct from statutory burglary (Va. Code § 18.2-91) and other breaking and entering offenses. The penalties are severe, with a sentencing range of 5 to 20 years in prison and a fine of up to $100,000. A conviction creates a permanent felony record, impacting employment, housing, and gun rights.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, review Va. Code § 18.2-89 (official Virginia General Assembly website). Court procedures and filings for Fairfax County are handled through the Fairfax County General District Court website.
Fairfax County Burglary Defense Strategy
In Fairfax County, prosecutors must prove every element of burglary beyond a reasonable doubt: the breaking, the entering, that it was a dwelling house, that it occurred at night, and the specific intent to commit a crime inside. A common local procedural fact is that the Commonwealth’s Attorney’s office often relies on circumstantial evidence for the “intent” element. Our defense as your burglary charge defense lawyer Fairfax County scrutinizes police reports, witness statements, and forensic evidence for weaknesses in this chain.
- Case Evaluation: We review all charges, police narratives, and evidence with you to identify the prosecution’s burden of proof.
- Investigation: Our team examines the scene, interviews witnesses, and reviews discovery for procedural errors or violations of your rights.
- Motion Practice: We file pre-trial motions to suppress illegally obtained evidence or challenge the sufficiency of the prosecution’s case.
- Negotiation or Trial: We pursue negotiations for a favorable plea to a lesser charge or, if necessary, prepare a vigorous defense for a jury trial in Fairfax County Circuit Court.
Potential Penalties for Burglary in Fairfax County
In Fairfax County, burglary (Va. Code § 18.2-89) is a Class 3 felony punishable by 5 to 20 years in prison and a fine up to $100,000.
| Offense | Classification | Incarceration | Fine | Long-Term Consequences |
|---|---|---|---|---|
| Burglary (Dwelling, Night) | Class 3 Felony | 5 – 20 years | Up to $100,000 | Permanent felony record, loss of voting rights, firearm prohibition, difficulty finding employment/housing. |
| Statutory Burglary | Class 3 Felony (or lesser) | 5 – 20 years (or 1-20 yrs for Class 4) | Up to $100,000 | Same as above; severity depends on structure type and tools used. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Fairfax County Criminal 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 tagline, “Advocacy Without Borders,” reflects our commitment to aggressive, full representation. We have a deep understanding of the Fairfax County court system, from the General District Court at 4110 Chain Bridge Road to the Circuit Court. Mr. Sris’s background in accounting and information systems provides a unique advantage in cases involving complex evidence.
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 case results in Fairfax County, with 336 dismissed or not guilty findings and 143 charges reduced or amended, reflecting a strong record of favorable outcomes. For instance, our team has successfully negotiated reductions from felony breaking and entering charges to misdemeanors, avoiding mandatory prison time. In another case, we secured a dismissal after challenging the legality of a search warrant. Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions, provides strategic oversight on complex cases, ensuring every defense is thorough.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Fairfax County
Our Fairfax location at 4008 Williamsburg Court is centrally located to serve clients at the Fairfax County courts. We are your local burglary lawyer near Fairfax County, also serving surrounding communities like Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. We offer 24/7 phone consultations — meetings are by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Fairfax County Burglary Lawyer FAQ
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary under Va. Code § 18.2-89 requires breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. “Breaking and entering” is a broader term that can apply to other structures (Va. Code § 18.2-91) and may not require the specific intent or nighttime element. A breaking and entering defense lawyer Fairfax County can analyze which statute applies to your charges.
Can a burglary charge be reduced to a misdemeanor in Fairfax County?
It depends. While burglary is a felony, negotiations with the Commonwealth’s Attorney may result in a plea to a lesser charge like trespassing or unlawful entry, which are misdemeanors. Success depends on the evidence, your criminal history, and the skill of your burglary charge defense lawyer Fairfax County. Factors like lack of prior record or minimal property disturbance can support a reduction.
What should I do if I am arrested for burglary in Fairfax County?
First, remain silent and ask for a lawyer immediately. Do not discuss the case with anyone. Contact a burglary lawyer Fairfax County as soon as possible. You will have an initial appearance before a magistrate for bond, then a preliminary hearing in Fairfax County General District Court. An attorney can advocate for your release and begin challenging the prosecution’s evidence early.
Is intent necessary for a burglary conviction?
Yes. The prosecution must prove you had the specific intent to commit a felony, larceny, or assault inside the dwelling at the time of breaking and entering. This intent is often the most contested element. A defense lawyer can argue that the evidence does not establish this intent beyond a reasonable doubt.
What are the long-term consequences of a burglary conviction?
A felony conviction results in a permanent criminal record, loss of voting rights, prohibition on firearm possession, and significant barriers to employment, housing, and professional licensing. It also carries a lengthy prison sentence. This underscores the critical need for an experienced burglary lawyer Fairfax County to fight the charges.
Related Pages: For other legal issues in our area, see our Virginia Criminal Defense Lawyer hub. For defense in nearby jurisdictions, consult a Criminal Defense Lawyer in Fairfax City or a Criminal Defense Lawyer in Prince William County. If you are facing related charges, you may need a DUI Lawyer in Fairfax County or a Family Law Lawyer in Fairfax County.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current legal guidance regarding your burglary case in Fairfax County.