Virginia Burglary Lawyer Breaking Entering Charges In Virginia — What Are Your Defense Options?
Burglary and breaking and entering are serious felony charges in Virginia under Va. Code § 18.2-89, carrying penalties of up to life imprisonment. If you are facing these criminal charges, you need a strong defense. Law Offices Of SRIS, P.C. provides full representation for these serious criminal charges in Virginia criminal court.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia Burglary and Breaking Entering Laws
In Virginia, burglary is defined under Va. Code § 18.2-89 as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. Breaking and entering under Va. Code § 18.2-91 involves entering a building other than a dwelling with the same intent. These are distinct from general trespassing and are prosecuted aggressively. The severity of the charge depends on factors like the type of structure, time of day, and whether a weapon was involved. A conviction can have lifelong consequences, making early intervention by a skilled criminal defense attorney critical.
Official Legal Resources
For the full text of the statutes, refer to the Va. Code § 18.2-89 (official Virginia General Assembly). Court procedures and local rules can be found on the Virginia Judicial System website.
Defending Against Burglary Charges in Virginia
Building a defense against burglary or breaking and entering charges requires a detailed review of the evidence. Prosecutors must prove you entered a structure without authority and had the specific intent to commit a crime inside. Common defense strategies challenge the evidence of intent, question the legality of the entry, or argue mistaken identity. In many Virginia jurisdictions, plea negotiations may focus on reducing the felony charge to a lesser offense if the evidence is weak.
- Secure legal representation immediately after arrest or charge.
- Your attorney will file for discovery to obtain all prosecution evidence.
- We will investigate the scene, witness statements, and police procedures for weaknesses.
- Based on the evidence, we will develop a defense strategy, which may include filing motions to suppress evidence.
- We will represent you at all hearings, advocating for reduced charges or dismissal where possible.
- If a trial is in your best interest, we will prepare a vigorous defense for court.
Potential Penalties for Burglary in Virginia
In Virginia, burglary is a Class 3 felony punishable by 5 to 20 years in prison and a fine of up to $100,000; breaking and entering is a Class 6 felony with 1 to 5 years in prison or up to 12 months in jail.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Dwelling at Night) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None directly | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Breaking & Entering (Other Building) | Class 6 Felony | 1 – 5 years (or up to 12 months jail) | Up to $2,500 | None directly | Permanent felony record, loss of firearm rights, professional license repercussions. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Virginia Criminal Cases
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ documented case results with a favorable outcome rate over 93%. Our approach is grounded in a deep understanding of Virginia law and courtroom procedure. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Case Results in Criminal Defense
Our firm has a documented history of achieving positive results for clients facing serious charges. While every case is unique, our strategies are designed to seek dismissals, charge reductions, or acquittals. For instance, our team has successfully argued motions to suppress evidence obtained without proper warrants, skilled to weakened prosecution cases. In other instances, thorough investigation has revealed flaws in witness identification.
Results may vary. Prior results do not aim for a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients across Virginia. We offer 24/7 phone consultations — (888) 437-7747 — meetings by appointment only. If you need a burglary lawyer near Virginia, contact us for a case assessment.
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) involves entering a dwelling house at night with intent to commit a crime. Breaking and entering (Va. Code § 18.2-91) applies to other buildings at any time. Burglary is generally a more serious felony with higher penalties.
Can a burglary charge be reduced to a misdemeanor in Virginia?
It depends. While burglary is a felony, a skilled criminal lawyer may negotiate a reduction to a lesser offense like trespassing or unlawful entry under certain circumstances, such as weak evidence of intent or a first-time offender status. The outcome depends on the specific facts and the jurisdiction.
What should I do if I am arrested for burglary in Virginia?
First, exercise your right to remain silent and request a criminal defense attorney immediately. Do not discuss the case with anyone until you have legal counsel. Contact a law firm like SRIS, P.C. as soon as possible to begin building your defense against the criminal charges.
How long does a burglary case take in Virginia criminal court?
The timeline varies. A felony case typically takes 3 to 9 months from arrest to trial in Circuit Court, but complex cases can take longer. The Speedy Trial Act in Virginia gives the Commonwealth 9 months to try a jailed felony defendant and 5 months for a misdemeanor.
Do I need a lawyer for a breaking and entering charge?
Yes. Facing felony charges in criminal court without an experienced criminal defense attorney significantly risks your future. A lawyer protects your rights, challenges evidence, and works toward the best possible outcome, which could mean avoiding a permanent felony record.
Internal Resources
For more information, visit our Virginia criminal lawyer hub page. You may also find our pages on criminal defense in Fairfax County and Virginia traffic lawyer useful.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.