Burglary Lawyer Virginia — What Are Your Defense Options?
Burglary in Virginia is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. Law Offices Of SRIS, P.C. provides a strong defense for burglary charges. Our firm has 120+ years of combined legal experience. We offer 24/7 phone consultations. Contact a burglary lawyer Virginia from our team today.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
In Virginia, burglary is defined as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The law treats this offense with extreme severity due to the violation of personal security and property. A conviction can result in a lengthy prison sentence, substantial fines, and a permanent felony record that affects future employment, housing, and civil rights. The specific penalties depend on whether the crime is classified as statutory burglary or common law burglary, and if any aggravating factors were present.
For the official Virginia statute, see Va. Code § 18.2-89 (official Virginia General Assembly). Court procedures vary by jurisdiction; you can find information for your local court at the Virginia Courts website.
- Contact our firm immediately after an arrest or receiving a summons.
- We will secure a copy of the criminal warrant and police reports.
- Our team investigates the scene, witness statements, and police procedure.
- We file pre-trial motions to challenge evidence and seek dismissal.
- We negotiate with the Commonwealth’s Attorney for reduced charges or explore trial defense strategies.
In Virginia, burglary carries a penalty of 5 years to life in prison, with fines determined by the court.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 to 20 years, or up to life | Court discretion | N/A | Permanent felony record, loss of firearm rights, difficulty finding employment/housing |
| Statutory Burglary (with weapon) | Class 2 Felony | 20 years to life | Court discretion | N/A | Mandatory minimum sentences apply |
Results may vary. Prior results do not guarantee a similar outcome.
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined attorney experience to every case. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We have successfully defended clients against serious felony charges, including burglary, by meticulously examining evidence, challenging procedural errors, and presenting strong arguments in court.
Kristen M. Fisher
Of Counsel (Former Prosecutor)
Bar Admissions: Maryland; Virginia
A former Assistant State’s Attorney in Maryland, Kristen Fisher provides significant insight into prosecutorial strategies and courtroom dynamics. She focuses her practice on criminal defense, including serious felonies like burglary, in both Maryland and Virginia state courts.
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
Our firm has handled numerous burglary and related breaking and entering cases across Virginia. For example, our team has secured dismissals, charge reductions, and favorable plea agreements by challenging the prosecution’s evidence of intent or unlawful entry. Results may vary. Prior results do not guarantee a similar outcome. Secondary attorney Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex cases involving financial evidence or multi-jurisdictional elements.
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. 24/7 phone consultations.
Our Fairfax location serves clients across Virginia, including those facing charges in Fairfax County, Prince William County, and other Northern Virginia jurisdictions. We are a burglary charge defense lawyer Virginia firm accessible via major highways like I-66, I-95, and the Capital Beltway (I-495). We provide legal representation to communities throughout the state. Contact a burglary lawyer Virginia from our team for a near-me consultation.
Frequently Asked Questions
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary requires entering a dwelling at night with intent to commit a felony, larceny, or assault. Breaking and entering, under Va. Code § 18.2-91, involves entering a building to commit larceny or other felony, but does not require it to be a dwelling or at night. A breaking and entering defense lawyer Virginia can explain which charge applies to your case.
Can a burglary charge be reduced to a misdemeanor in Virginia?
It depends. While burglary is a felony, negotiations with the prosecutor may sometimes lead to a reduction to a lesser felony or a misdemeanor like trespassing. This depends on the evidence, your criminal history, and the specific facts. An experienced burglary lawyer Virginia can assess the possibility for your situation.
What are common defenses to a burglary charge in Virginia?
Common defenses include lack of intent to commit a crime, mistaken identity, unlawful search and seizure, consent to enter the property, and insufficient evidence. A burglary charge defense lawyer Virginia will investigate all angles, including police reports and witness statements, to build your defense.
Do I need a lawyer for a first-time burglary charge in Virginia?
Yes. Burglary is a serious felony with potential life-altering consequences, even for a first offense. The court process is complex, and prosecutors seek severe penalties. A burglary lawyer Virginia is essential to protect your rights, challenge the evidence, and work toward the best possible outcome.
What should I do if I am arrested for burglary in Virginia?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a burglary lawyer Virginia as soon as possible to begin building your defense. The sooner legal counsel is involved, the better the opportunity to protect your rights and case outcome.
For more information on related charges, see our pages on Virginia criminal defense or criminal defense in Fairfax County. If you are facing other legal issues, consider a reckless driving lawyer.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.