Burglary Defense Lawyer in Poquoson, Virginia — What Are Your Legal Options?
Burglary in Poquoson is a serious felony under Va. Code § 18.2-89, carrying 5 years to life in prison. A burglary defense lawyer Poquoson from Law Offices Of SRIS, P.C. provides a strong defense. Our team includes former prosecutors with documented case results. We offer 24/7 phone consultations.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-89 as breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. The statute is strictly interpreted, and the prosecution must prove each element beyond a reasonable doubt. A breaking and entering defense lawyer Poquoson can challenge the evidence on these points.
Last verified: April 2026 | Poquoson General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see the Va. Code § 18.2-89 (official Virginia General Assembly). Court information is available at the Poquoson General District Court website.
Local Court Process for Burglary Charges
In Poquoson, a burglary charge begins with an arrest and a bond hearing before a magistrate. The case then proceeds to Poquoson General District Court for a preliminary hearing to determine probable cause. If bound over, the felony trial occurs in Poquoson Circuit Court. The Commonwealth’s Attorney must prove the specific intent required for burglary.
- Secure legal representation immediately after arrest.
- Attend the preliminary hearing in Poquoson General District Court to challenge probable cause.
- File pre-trial motions to suppress evidence or challenge the charge.
- Prepare for a jury trial in Poquoson Circuit Court if the case proceeds.
- Explore plea negotiations for a reduced charge if it serves your best interest.
Potential Penalties for Burglary in Poquoson
In Poquoson, burglary under Va. Code § 18.2-89 is a Class 3 felony, punishable by 5 to 20 years in prison 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 (Daytime, etc.) | Class 4 Felony | 2 – 10 years | Up to $100,000 | None directly | Same as above |
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 has over 120 years of combined legal experience and a track record of documented case results. We understand the high stakes of a felony burglary charge and build defenses focused on intent, evidence suppression, and witness credibility.
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
Our team also includes former Maryland prosecutor Kristen Fisher, who brings firsthand insight into how cases are built by the state. Mr. Sris, the firm’s founder, maintains a strategic role in complex cases.
Case Results
Our firm has 2 total documented case results across all practice areas in Poquoson, with a 100% favorable outcome rate. In one instance, we successfully argued for the amendment of a serious charge to a non-criminal violation. Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Poquoson Burglary Defense Lawyers
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Our Richmond location serves clients at the Poquoson courts (500 City Hall Avenue). We provide representation for burglary charges throughout Poquoson. Contact a burglary defense lawyer Poquoson today.
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 (Va. Code § 18.2-91) can involve any building, day or night, with the same intent, but carries a lesser penalty.
Can a burglary charge be reduced to a misdemeanor?
It depends on the facts and evidence. A skilled burglary charge defense lawyer Poquoson may negotiate a reduction to a lesser felony or a misdemeanor like trespassing if the evidence for intent is weak or there are procedural issues with the case.
What are common defenses to a burglary charge?
Common defenses include lack of intent, mistaken identity, unlawful search and seizure, consent to enter the property, and insufficient evidence of a “breaking.” An attorney will examine all police reports and evidence to identify the best defense strategy.
Do I need a lawyer for a burglary preliminary hearing?
Yes. The preliminary hearing in Poquoson General District Court is a critical stage where your attorney can challenge the prosecution’s evidence and potentially get the felony charge dismissed before it goes to Circuit Court.
What should I do if I am arrested for burglary in Poquoson?
Remain silent and request an attorney immediately. Do not discuss the case with anyone except your lawyer. Contact a burglary defense lawyer Poquoson from our firm 24/7 at (888) 437-7747 to begin building your defense.
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 are facing other charges, we are also a DUI lawyer in Poquoson.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.