Burglary Lawyer Fairfax — Defending Against Breaking and Entering Charges
Burglary in Fairfax County is a serious felony under Va. Code § 18.2-89, punishable by up to life imprisonment. Law Offices Of SRIS, P.C. has 501 documented criminal defense results in Fairfax County. If you are charged with breaking and entering, contact a burglary lawyer Fairfax immediately for a case-specific defense strategy. Our Fairfax location is available by appointment.
Virginia Burglary Law and Penalties
Burglary, commonly called breaking and entering, is defined under Virginia law as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The severity of the charge depends on factors like the type of building, time of day, and whether a weapon was used or someone was present.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-89 (official Virginia General Assembly)
- Fairfax County General District Court Website
Defending Burglary Charges in Fairfax County
Prosecutors in Fairfax County treat burglary charges aggressively. A strong defense often challenges the intent element—proving you intended to commit a crime inside—or questions the identification evidence. The procedural steps in Fairfax County General District Court for a felony burglary charge are specific.
- Initial Appearance & Bond Hearing: You will appear before a magistrate who sets bond. A defense attorney can argue for your release.
- Preliminary Hearing: This hearing in General District Court determines if there is probable cause for the felony charge to proceed to Circuit Court.
- Grand Jury Indictment: The case is presented to a grand jury in Fairfax County Circuit Court. If indicted, the case proceeds to trial.
- Pre-Trial Motions & Discovery: Your attorney files motions to suppress evidence and reviews all prosecution evidence.
- Trial or Plea Negotiation: The case is resolved by a jury trial or through a negotiated plea agreement to a lesser charge.
Potential Penalties for Burglary in Virginia
In Fairfax County, burglary carries a penalty range from 5 years to life in prison, with fines up to $100,000, depending on the specific circumstances and classification.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Dwelling, Night) | Class 3 Felony | 5 to 20 years | Up to $100,000 | None | 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 | None | Same as above, with enhanced mandatory minimums. |
| Statutory Burglary (Other Building) | Class 6 Felony | 1 to 5 years (or up to 12 months) | Up to $2,500 | None | Permanent felony record. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Charge 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 “Advocacy Without Borders” philosophy means we pursue every available defense strategy. We have a deep understanding of local Fairfax County court procedures and prosecution tactics.
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 criminal defense results in Fairfax County, including cases involving charges like obtaining money under false pretenses and other property crimes. These results include matters that were dismissed, amended to lesser offenses, or resolved favorably for the client.
Results may vary. Prior results do not guarantee a similar outcome.
In one case, a felony charge of obtaining money under false pretenses valued over $200 was amended to a misdemeanor with a suspended jail sentence. This result prevented a permanent felony conviction for the client.
Contact Our Fairfax Burglary Defense Lawyers
Our Fairfax location at 4008 Williamsburg Court, Fairfax, VA 22032 serves clients throughout Fairfax County and Northern Virginia. We are near the Fairfax County General District Court at 4110 Chain Bridge Road.
Burglary lawyer near Fairfax County Courthouse. We serve the communities of Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
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, United States
By appointment only.
FAQs: Burglary Charges in Fairfax, VA
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a legal difference. “Burglary” under Va. Code § 18.2-89 specifically involves entering a dwelling at night with criminal intent. “Breaking and entering” under § 18.2-91 is a broader term that can apply to other buildings at any time. Both are felonies, but burglary of a dwelling carries more severe penalties.
Can a burglary charge be reduced to a misdemeanor?
It depends on the facts and your criminal history. A skilled burglary charge defense lawyer Fairfax can negotiate with prosecutors to amend a Class 6 felony statutory burglary charge down to a Class 1 misdemeanor, such as trespass or destruction of property, which carries far less jail time.
What should I do if I am arrested for burglary in Fairfax County?
Number one: remain silent and ask for an attorney. Do not discuss the case with anyone. Contact a burglary lawyer Fairfax immediately. Your attorney will guide you through the bond process, protect your rights during questioning, and begin building your defense strategy from the start.
Is intent necessary for a burglary conviction?
Yes. The prosecution must prove you entered the building with the specific intent to commit a felony, larceny, or assault inside. If the intent cannot be proven beyond a reasonable doubt, you cannot be convicted of burglary. This is a common defense point.
How long does a burglary case take in Fairfax County?
A felony burglary case typically takes 6 to 12 months from arrest to resolution. The preliminary hearing occurs within a few months in General District Court. If indicted, the case moves to Circuit Court, where pre-trial motions and discovery can extend the timeline before a trial or plea.
Internal Resources
- Virginia Criminal Defense Lawyer Hub
- Fairfax County Criminal Defense Lawyer
- Fairfax DUI Defense Lawyer
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.