Burglary Defense Lawyer in Fauquier County, Virginia
A burglary charge in Fauquier County is a serious felony under Va. Code § 18.2-89, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. provides a strong defense for breaking and entering charges. Our burglary defense lawyer Fauquier County team has documented results in the Fauquier County General District and Circuit Courts.
Virginia Burglary Law and Penalties
In Virginia, burglary is defined as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The specific statute is Va. Code § 18.2-89. 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 becomes statutory burglary while armed, a more severe offense.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Official Legal Resources
- Va. Code § 18.2-89 (official Virginia General Assembly)
- Fauquier County General District Court Website
Defending Burglary Charges in Fauquier County
Prosecutors in Fauquier County take burglary charges very seriously. A key local procedural fact is that the Commonwealth’s Attorney must prove you entered a dwelling at night with the specific intent to commit a crime inside. For a breaking and entering defense lawyer Fauquier County, challenging the evidence of intent or the unlawful nature of the entry is often central to the defense strategy.
- Initial Consultation & Case Review: Contact our firm immediately after arrest or charge. We will review the police report and evidence against you.
- Investigation: We conduct an independent investigation, which may include visiting the scene, interviewing witnesses, and examining forensic evidence.
- Pre-Trial Motions: We file motions to suppress evidence obtained illegally or to challenge the prosecution’s case on legal grounds.
- Negotiation or Trial: We pursue negotiations for a reduced charge or, if necessary, prepare a vigorous defense for trial in Fauquier County Circuit Court.
Potential Penalties for Burglary in Virginia
In Fauquier County, burglary is a Class 3 felony carrying a prison sentence of 5 to 20 years and a fine of up to $100,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | 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 (Armed) | More Severe Felony | Mandatory minimum sentences apply | Up to $100,000 | None directly | All of the above, with significantly longer mandatory prison time. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in 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 documented case results across Virginia, including favorable outcomes in felony matters. Our approach is built on thorough preparation and understanding both the law and local court procedures.
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 record of achieving favorable results for clients. In Fauquier County, we have secured outcomes including reduced charges and case resolutions that avoid the most severe penalties. For instance, our team, including experienced attorney Kristen Fisher, has successfully negotiated amendments and dismissals in complex criminal cases.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Fauquier County Residents
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton). We are your local burglary charge defense lawyer Fauquier County resource, serving Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
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.
Frequently Asked Questions: Burglary Defense
What is the penalty for a misdemeanor in Fauquier County, Virginia?
No. Burglary is not a misdemeanor; it is a felony. A Class 1 misdemeanor in Fauquier County carries up to 12 months in jail and a $2,500 fine. Burglary under Va. Code § 18.2-89 is a Class 3 felony with penalties of 5 to 20 years in prison.
Can criminal charges be expunged in Fauquier County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most felony convictions, including burglary, cannot be expunged. A successful defense that leads to a dismissal is crucial for future record-clearing possibilities.
How does bail work in Fauquier County, Virginia?
A magistrate sets bond after arrest. For serious felonies like burglary, a secured bond requiring a bail bondsman (typically charging 10%) is common. Bond decisions can be reviewed in Fauquier County General District Court.
Do I need a criminal defense lawyer for a burglary charge in Fauquier County?
Yes. Burglary charges are serious felonies prosecuted by the Commonwealth’s Attorney and heard at Fauquier County Circuit Court. The potential for a multi-year prison sentence and a permanent felony record makes experienced legal representation essential from the very beginning.
What is the difference between GDC and Circuit Court in Fauquier County?
Fauquier County General District Court (GDC) handles initial appearances, bond hearings, and preliminary hearings for felonies. The actual felony jury trial for a burglary charge takes place in Fauquier County Circuit Court, where you have an absolute right to a jury.
Internal Resources
- Virginia Criminal Defense Lawyer Hub
- Criminal Defense Lawyer in Fairfax County
- DUI Defense Lawyer in Fauquier County
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.