Virginia Burglary Defense Lawyer — What Are Your Legal Options?
Burglary in Virginia is a serious felony under Va. Code § 18.2-89, carrying severe penalties. If you are charged with breaking and entering, you need an experienced burglary defense lawyer Virginia to protect your rights. Law Offices Of SRIS, P.C. provides strategic defense for property crime charges across the state. Contact us at (888) 437-7747 for a 24/7 consultation by appointment.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by statute as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The offense is codified under Va. Code § 18.2-89. A conviction is a Class 3 felony, punishable by 5 to 20 years in prison and a fine of up to $100,000. The severity of the charge underscores the critical need for a skilled burglary attorney.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience. We understand how prosecutors build these cases and how to challenge the evidence against you.
Official Legal Resources
For the official text of the burglary statute, refer to the Virginia General Assembly website. For court-specific procedures, visit the Virginia Courts website.
Strategic Defense for Breaking and Entering Charges
Successfully defending against burglary charges requires a case-specific approach. Prosecutors must prove every element beyond a reasonable doubt, including your intent at the time of entry. A breaking and entering lawyer from our firm will scrutinize the evidence, challenge unlawful searches, and explore defenses such as mistaken identity, lack of intent, or permission to enter.
- Immediate Case Review: Contact our firm immediately after an arrest or charge. We will secure a copy of the criminal warrant and police reports.
- Evidence Analysis: Our team will analyze all evidence, including witness statements, surveillance footage, and forensic reports, for weaknesses.
- Pre-Trial Motions: We file motions to suppress evidence obtained through illegal searches or violations of your Miranda rights.
- Negotiation & Trial: We engage with prosecutors to seek charge reductions or case dismissal. If a fair plea cannot be reached, we are prepared to take your case to trial.
Potential Penalties for Burglary in Virginia
In Virginia, burglary is a Class 3 felony carrying a prison sentence of 5 to 20 years 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 | N/A | Permanent felony record, loss of firearm rights, difficulty securing employment/housing. |
| Statutory Burglary (with weapon) | Class 2 Felony | 20 years to life | Up to $100,000 | N/A | Enhanced penalties under Va. Code § 18.2-90. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Property Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a combined 120+ years of legal experience to every case. We have a documented track record of achieving favorable outcomes for clients facing serious charges. Our firm-wide results include over 4,739 documented case results with a favorable outcome rate exceeding 93%.
Case Results and Client Advocacy
Our firm has a proven history of defending clients against burglary charges. For example, we have successfully argued motions to suppress key physical evidence, skilled to reduced charges or dismissals. In other cases, thorough investigation by our team, including attorney Kristen Fisher, has uncovered alibis or witness inconsistencies that created reasonable doubt.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for Virginia Residents
Our Virginia locations are strategically situated to serve clients across the state. We offer 24/7 phone consultations at (888) 437-7747, with meetings by appointment only. If you are searching for a burglary charges lawyer near you, our team is ready to help.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court
Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
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 entering a dwelling at night with intent to commit a felony. Breaking and entering (Va. Code § 18.2-91) can involve any building, day or night, with intent to commit larceny or a felony. The penalties differ significantly.
Can a burglary charge be reduced to a misdemeanor?
It depends on the facts of your case and your criminal history. An experienced burglary defense lawyer Virginia can negotiate with prosecutors. Factors like the value of property involved, lack of injury, or your role may support a reduction to a lesser offense like trespass or petit larceny.
What are common defenses to a burglary charge?
Common defenses include lack of intent, mistaken identity, alibi, unlawful search and seizure, or that you had permission to enter the property. A breaking and entering lawyer will investigate to find the strongest defense strategy for your specific situation.
How long does a burglary case take in Virginia?
A felony burglary case can take several months to over a year. The timeline includes a preliminary hearing in General District Court, followed by a trial in Circuit Court if the case proceeds. Virginia’s speedy trial rules generally require a felony trial within nine months if you are incarcerated.
Why do I need a lawyer for a property crime defense?
Burglary is a serious felony with life-altering consequences. A skilled property crime defense attorney protects your rights, challenges the prosecution’s evidence, and works to achieve the best possible outcome, whether through dismissal, reduction, or acquittal at trial.
Related Pages: Virginia Criminal Lawyer | Virginia Theft Lawyer | Attorney Bryan Block Profile
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.