Burglary Defense Lawyer in New Kent County, Virginia
A burglary charge in New Kent County is a serious felony under Va. Code § 18.2-89, carrying up to life in prison. Law Offices Of SRIS, P.C. has documented results defending clients at the New Kent County General District and Circuit Courts.
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 specific law is found in 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 accused was armed with a deadly weapon, the charge becomes statutory burglary while armed, a more severe offense.
Last verified: April 2026 | New Kent County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a deep understanding of how the Commonwealth constructs these cases. A burglary charge defense lawyer New Kent County must scrutinize the evidence of intent and unlawful entry, which are often the weakest points in the prosecution’s case.
Official Legal Resources
For the official statute, see the Virginia General Assembly website for Va. Code § 18.2-89. Court procedures and filings for New Kent County are handled through the New Kent County General District Court website.
Defending a Burglary Charge in New Kent County
The key local procedural fact is that all felony charges, including burglary, begin with a preliminary hearing in the New Kent County General District Court. This hearing determines if there is probable cause to send the case to the New Kent County Circuit Court for a jury trial. Prosecutors must prove you entered a dwelling at night with the specific intent to commit a crime inside. A skilled breaking and entering defense lawyer New Kent County challenges this intent and the evidence of entry.
- Arraignment & Preliminary Hearing: Your first appearance is in New Kent County General District Court. Your attorney will argue for bond and then challenge probable cause at the preliminary hearing.
- Circuit Court Arraignment: If the case is certified, it moves to New Kent County Circuit Court for a formal arraignment where you enter a plea.
- Pre-Trial Motions & Discovery: Your burglary defense lawyer New Kent County will file motions to suppress evidence and compel full discovery from the Commonwealth’s Attorney.
- Plea Negotiation or Trial: Based on the evidence, your attorney will negotiate for a reduction or dismissal. If no agreement is reached, your case proceeds to a jury trial in Circuit Court.
Potential Penalties for Burglary in Virginia
In New Kent County, burglary is a Class 3 felony carrying a prison sentence of 5 to 20 years and a fine 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 Class 3 consequences, plus enhanced penalties. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We have a documented record of results in New Kent County courts. Our approach is built on a thorough investigation and a strategic challenge to the prosecution’s evidence from the start.
Case Results in New Kent County
Our firm has documented criminal defense results in New Kent County. In one case, a charge of reckless driving 69/45 mph was amended to a non-criminal speeding offense. In other matters, charges for excessive vehicle length were dismissed outright.
Results may vary. Prior results do not aim for a similar outcome.
Secondary attorney Mr. Sris, the firm’s founder and a former prosecutor, brings strategic oversight to complex cases. His background in accounting and information systems is a distinct advantage in cases involving financial evidence or digital discovery.
Local Service for New Kent County Residents
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 | Local: (888) 437-7747
By appointment only.
Our Richmond location serves clients at the New Kent County courts on Courthouse Circle. We represent individuals in New Kent, Providence Forge, and Quinton. If you are searching for a burglary defense lawyer New Kent County or a breaking and entering defense lawyer New Kent County, we offer 24/7 phone consultations — call (888) 437-7747. Meetings are by appointment only.
Frequently Asked Questions: Burglary Charges
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 entering a dwelling house at night with intent to commit a felony, larceny, or assault. “Breaking and entering” generally refers to entering a non-dwelling (like a store or shed) with criminal intent under § 18.2-91, which is a Class 6 felony with a lower penalty range.
Can a burglary charge be reduced to a misdemeanor?
It depends. While burglary itself is a felony, a skilled burglary charge defense lawyer New Kent County may negotiate with the Commonwealth’s Attorney to amend the charge to a lesser offense, such as trespass or attempted petit larceny, which are misdemeanors. This depends on the evidence and the defendant’s history.
What are the defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, lack of evidence proving you were the one who entered, unlawful search and seizure of evidence, or that the structure was not a “dwelling house” as defined by law. An attorney will identify the best defense for your case.
Do I need a lawyer for a burglary charge?
Yes. Burglary is a serious felony with life-altering penalties. The Commonwealth’s Attorney will prosecute the case aggressively. A burglary defense lawyer New Kent County protects your rights, challenges the evidence, and works toward the best possible outcome, whether through dismissal, reduction, or defense at trial.
What happens at a preliminary hearing for burglary?
The preliminary hearing in New Kent County General District Court is where the prosecutor must show probable cause that a burglary occurred and that you likely committed it. Your attorney can cross-examine witnesses and argue to have the charge dismissed if the evidence is insufficient. It is a critical early stage.
Internal Resources
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. For other legal needs in New Kent County, see our pages on DUI defense and family law.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current advice regarding your situation.