Burglary Lawyer Arlington County — Defending Against Breaking and Entering Charges
A burglary charge in Arlington County is a serious felony under Va. Code § 18.2-89, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. has 21 documented results in Arlington County. A burglary lawyer Arlington County from our firm can challenge the prosecution’s evidence of unlawful entry and intent. We provide 24/7 consultations.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-89 as breaking and entering the dwelling house of another in the nighttime with intent to commit a felony, larceny, or assault. The statute is specific about the elements the Commonwealth must prove: a breaking, an entry, of a dwelling, at night, with criminal intent. A related charge, statutory burglary under § 18.2-91, covers breaking and entering with intent to commit larceny, assault, or other felony, and can apply to buildings other than dwellings and at any time of day. The distinction between these charges and the evidence required is critical to your defense.
Our firm, founded in 1997 by former prosecutor Mr. Sris, brings a deep understanding of how these statutes are applied in Arlington County courts. We know that prosecutors must prove each element beyond a reasonable doubt.
Official Legal Resources
For the full text of the law, review Va. Code § 18.2-89 (official Virginia General Assembly). Arlington County cases are heard at the Arlington County General District Court for preliminary hearings and the Circuit Court for trials.
Defense Strategy for Arlington County Burglary Cases
In Arlington County, a burglary charge defense lawyer Arlington County must immediately scrutinize the evidence of “breaking” and “intent.” Did the accused have permission to enter? Was the entry forced, or was a door or window already open? The prosecution’s theory of intent is often circumstantial. We work to create reasonable doubt on these core elements.
- Secure Immediate Representation: Contact a lawyer before any further discussion with investigators. Your statements can be used to establish intent.
- Evidence Review: Your attorney will file for discovery to obtain all police reports, witness statements, and forensic reports.
- Motion Practice: File motions to suppress evidence obtained through an unlawful search or seizure, a common issue in breaking and entering cases.
- Negotiation or Trial: Based on the evidence, your lawyer will either negotiate for a reduction to a misdemeanor (like trespass) or prepare a vigorous trial defense focusing on the lack of proof for breaking or specific intent.
Potential Penalties for Burglary in Virginia
In Arlington County, burglary under § 18.2-89 is a Class 3 felony punishable by 5 to 20 years in prison and a fine up to $100,000. Statutory burglary under § 18.2-91 is a Class 6 felony (1-5 years, or up to 12 months in jail).
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 – 20 years | Up to $100,000 | Permanent felony record, loss of firearm rights, difficulty securing employment/housing. |
| Statutory Burglary (Va. Code § 18.2-91) | Class 6 Felony | 1 – 5 years (or up to 12 months) | Up to $2,500 | Same as above; may be reduced to misdemeanor under certain circumstances. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our approach is grounded in a former prosecutor’s insight into how the Commonwealth builds its cases. We have a documented record of achieving favorable outcomes for clients facing serious felony charges by meticulously challenging the evidence.
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
Case Results in Arlington County
Our firm has a documented history of results in Arlington County. For example, we have secured dismissals (nolle prosequi) for charges including property destruction and fare evasion in Arlington County General District Court. While every case is unique, our team works tirelessly to challenge the prosecution’s case.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases. His background in accounting and information systems offers a unique advantage in cases involving forensic or financial evidence.
Contact Our Arlington County Burglary Defense Lawyers
Our Arlington location is minutes from the Arlington County Courthouse, serving clients in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. If you need a burglary lawyer near Arlington County, we are here to help.
Law Offices Of SRIS, P.C.
1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Burglary Charges in Arlington County
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 breaking and entering a dwelling at night with intent to commit a felony, larceny, or assault. “Breaking and entering” is often used colloquially but may be charged as statutory burglary (§ 18.2-91) or trespass. The specific intent and type of building are what elevate the charge to a more serious felony.
Can a burglary charge be reduced to a misdemeanor?
It depends. A skilled breaking and entering defense lawyer Arlington County can often negotiate a reduction, especially if the evidence for “intent” is weak or if there are procedural issues with the case. A Class 6 felony statutory burglary charge may be reduced to a misdemeanor like trespassing or unlawful entry, which carries far less severe penalties.
What should I do if I am arrested for burglary in Arlington County?
First, exercise your right to remain silent and request an attorney immediately. Do not discuss the case with anyone until you speak with a burglary charge defense lawyer Arlington County. Contact a lawyer who can intervene at the bond hearing and begin securing and reviewing all evidence against you as soon as possible.
Is intent hard for the prosecution to prove in a burglary case?
Yes. Intent is a mental state, so prosecutors must use circumstantial evidence (like tools, items taken, or statements) to prove it. This is a major vulnerability in the Commonwealth’s case that a strong defense can exploit to create reasonable doubt before a judge or jury.
How long does a burglary case take in Arlington County?
A felony burglary case can take several months to over a year. The preliminary hearing in Arlington County General District Court typically occurs within a few months of arrest. If bound over, the trial in Arlington County Circuit Court may be scheduled 3-9 months later, depending on court dockets and case complexity.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.