Burglary Defense Lawyer in Virginia Beach, Virginia
Burglary in Virginia Beach is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. A burglary defense lawyer Virginia Beach VA from Law Offices Of SRIS, P.C. is essential to challenge the prosecution’s evidence of breaking and entering. Our firm has documented results defending property crime charges in Virginia Beach courts. We provide 24/7 consultations by appointment.
Virginia Burglary Law and Penalties
Burglary in Virginia 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 type of building, time of day, and whether a deadly weapon was used. A breaking and entering lawyer must understand these nuances to build an effective defense.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the burglary statute, see Va. Code § 18.2-89 (official Virginia General Assembly). Court information for Virginia Beach can be found at the Virginia Beach General District Court website.
Defending Burglary Charges in Virginia Beach
Virginia Beach General District Court handles preliminary hearings for felony burglary charges, while trials occur in Virginia Beach Circuit Court. Prosecutors must prove every element, including intent. A skilled burglary attorney can challenge evidence of forced entry or argue a lack of criminal intent. For instance, if you had permission to enter or believed the property was abandoned, these are viable defenses.
- Secure immediate legal representation after arrest or charge.
- Your attorney will file for discovery to obtain all prosecution evidence.
- A motion to suppress illegally obtained evidence may be filed.
- Your lawyer will negotiate with the Commonwealth’s Attorney for potential reductions.
- If no favorable plea is reached, your case will proceed to a preliminary hearing and potentially a jury trial.
Potential Penalties for Burglary in Virginia
In Virginia Beach, burglary is a felony with penalties ranging from 5 years to life in prison, depending on the specific circumstances and enhancements.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Dwelling, Night) | Class 3 Felony | 5 to 20 years | Up to $100,000 | None | Permanent felony record |
| Burglary with Deadly Weapon | Class 2 Felony | 20 years to life | Up to $100,000 | None | Strict parole eligibility |
| Statutory Burglary (Other Building) | Class 6 Felony | 1 to 5 years (or up to 12 months) | Up to $2,500 | None | Felony record |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Criminal Defense
Founded in 1997 by a former prosecutor, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our attorneys, including former prosecutors and a former Virginia State Trooper, provide a unique perspective on building a strong defense against serious charges like burglary. We focus on the specific details of your case to protect your rights and future.
Case Results and Client Advocacy
Our firm has a documented record of defending clients against serious property crime charges. While every case is unique, our approach is thorough and strategic. We examine police reports, forensic evidence, and witness statements to identify the best path forward, whether that is negotiating a reduction to a lesser offense or taking the case to trial.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Virginia Beach Burglary Defense Team
Our Richmond location serves clients facing charges at Virginia Beach courts, which are accessible via I-264 and I-64. If you need a burglary charges lawyer near Virginia Beach, we are here to help. We serve Virginia Beach, Sandbridge, and Oceana.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr, Ste 300, Rm 395
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009 | Local: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Virginia Beach Burglary Defense FAQs
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 at night with intent to commit a felony. Breaking and entering (Va. Code § 18.2-91) involves entering a building to commit a misdemeanor. A property crime defense lawyer can explain which charge applies to your situation.
Can a burglary charge be reduced to a misdemeanor?
It depends on the evidence and your criminal history. A burglary attorney may negotiate a reduction to a lesser felony or a Class 1 misdemeanor like unlawful entry, especially for first-time offenders or cases with weak evidence of intent. The final decision rests with the prosecutor and judge.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, lack of evidence of a “breaking,” or that you had permission to enter the property. An experienced burglary defense lawyer Virginia Beach VA will investigate all possible defenses based on the specific facts.
Do I need a lawyer for a burglary charge in Virginia Beach?
Yes. Burglary is a felony with severe, life-altering penalties. The Virginia Beach Commonwealth’s Attorney vigorously prosecutes these cases. A skilled burglary defense lawyer Virginia Beach VA is essential to protect your rights, challenge evidence, and work toward the best possible outcome.
What should I do if I am arrested for burglary?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a criminal defense firm like SRIS, P.C. as soon as possible at (888) 437-7747 to begin building your defense. The early stages of a case are critical.
For more information, see our Virginia criminal defense hub page. We also assist clients in nearby areas like Henrico County. If you are facing other charges, consider our Virginia Beach DUI defense services.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.