Burglary Defense Lawyer in Lexington, Virginia — What Are Your Options?
Burglary in Lexington is a serious felony under Va. Code § 18.2-90, carrying up to life imprisonment. Law Offices Of SRIS, P.C. has 14 total documented case results across all practice areas in Lexington. A skilled burglary defense lawyer Lexington can challenge the prosecution’s evidence of intent and unlawful entry. Contact us 24/7 for a case review.
Virginia Burglary Law and Penalties
In Virginia, burglary is defined by statute 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 time of day, the type of structure, and whether a deadly weapon was involved. A breaking and entering defense lawyer Lexington must understand these nuances to build an effective defense.
Last verified: April 2026 | Lexington General District Court | Virginia General Assembly
Official Legal Resources
For the official statute, see Va. Code § 18.2-90 (official Virginia General Assembly). Court information is available at the Lexington General District Court website.
Local Court Process for Burglary Charges
Burglary cases in Lexington begin with an arrest and a bond hearing before a magistrate. The case then proceeds to Lexington General District Court for a preliminary hearing to determine if there is probable cause for a felony charge. If bound over, the case moves to Lexington Circuit Court for a jury trial. Prosecutors must prove every element, including the specific intent to commit a crime inside.
- Initial Arrest & Bond Hearing: You will be taken before a magistrate who sets bond conditions.
- Preliminary Hearing (GDC): A hearing at Lexington General District Court (2 South Main Street) where the Commonwealth must show probable cause.
- Circuit Court Arraignment: If bound over, you will be formally charged and enter a plea in Lexington Circuit Court.
- Discovery & Motions: Your attorney will review all evidence and file pre-trial motions to suppress evidence or dismiss charges.
- Plea Negotiation or Trial: Your burglary charge defense lawyer Lexington will negotiate for a reduction or prepare for a jury trial.
- Sentencing (if convicted): Sentencing follows Virginia’s felony sentencing guidelines, which consider prior record and offense details.
Potential Penalties for Burglary in Lexington
In Lexington, burglary under Va. Code § 18.2-90 is a Class 3 felony punishable by 5 to 20 years in prison and a fine up to $100,000. Statutory burglary (daytime or non-dwelling) under § 18.2-91 is a Class 6 felony (1-5 years, or up to 12 months).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Night, Dwelling) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Daytime/Other Building) | Class 6 Felony | 1 – 5 years (or up to 12 months) | Up to $2,500 | None | Permanent felony record, loss of firearm rights. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary 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 firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand that a burglary charge can upend your life, and we provide focused, strategic defense aimed at protecting your future.
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
Documented Case Results
Our firm has a documented history of achieving favorable results in criminal cases. In Lexington, we have 14 total documented case results across all practice areas with a 100% favorable outcome rate. For example, our team has successfully negotiated reductions from felony burglary to misdemeanor trespassing and secured dismissals where the evidence of intent was weak. Our secondary attorney, Mr. Sris, a former prosecutor and firm founder, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Lexington, VA
Our Richmond location serves clients facing charges at the Lexington courts. We are accessible via I-81 and I-64. We serve the Lexington community, including areas near Virginia Military Institute and Washington and Lee University.
Law Offices Of SRIS, P.C.
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 — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Lexington, Virginia?
A Class 1 misdemeanor in Lexington carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Lexington General District Court (2 South Main Street, Lexington, VA 24450). 14 total documented case results across all practice areas (100% favorable outcome rate)
Can criminal charges be expunged in Lexington, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Lexington Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 14 total documented case results across all practice areas (100% favorable outcome rate)
How does bail work in Lexington, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Lexington. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Lexington General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony)
Do I need a criminal defense lawyer in Lexington, Virginia?
Yes. Criminal charges in Lexington are prosecuted by the Commonwealth’s Attorney and heard at Lexington General District Court (2 South Main Street, Lexington, VA 24450). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 14 total documented case results across all practice areas (100% favorable outcome rate) Contact SRIS 24/7 at (888) 437-7747 for a Consultation by appointment.
What is the difference between GDC and Circuit Court in Lexington?
Lexington General District Court handles misdemeanor trials and felony preliminary hearings. Lexington Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Lexington General District Court (2 South Main Street, Lexington, VA 24450) is the GDC location.
Internal Resources
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you have other legal needs in Lexington, consider our services for DUI defense or family law.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.