Burglary Lawyer Virginia — What Are Your Defense Options?
Burglary in Virginia is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. If you are charged, you need a burglary lawyer Virginia from Law Offices Of SRIS, P.C. Our firm has handled 4,739+ documented case results with over 93% favorable outcomes. We provide 24/7 phone consultations and meetings by appointment only.
Last verified: April 2026 | Virginia General Assembly | Va. Code § 18.2-89
Burglary is defined in Virginia as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The law is strict, and prosecutors pursue these charges aggressively. A conviction can result in a lengthy prison sentence and a permanent felony record that affects employment, housing, and civil rights. The specific penalties depend on the circumstances, such as whether a weapon was used or if someone was present in the home.
Our firm, founded in 1997 by former prosecutor Mr. Sris, has over 120 years of combined legal experience. We understand how to build a strong defense against burglary charges.
Virginia Burglary Laws and Penalties
The primary statute for burglary in Virginia is Va. Code § 18.2-89. This law makes it a felony to break and enter a dwelling house at night with intent to commit a felony, larceny, or assault. Related charges include statutory burglary (Va. Code § 18.2-91) and breaking and entering (Va. Code § 18.2-92). For official court information, you can visit the Virginia Courts website.
In Virginia, burglary is a felony that can result in a prison sentence of 5 years to life, depending on the specific facts of the case.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 to 20 years, or up to life | Up to $100,000 | Permanent felony record |
| Statutory Burglary (Va. Code § 18.2-91) | Class 3 Felony | 5 to 20 years | Up to $100,000 | Enhanced penalties for armed burglary |
| Breaking and Entering (Va. Code § 18.2-92) | Class 6 Felony | 1 to 5 years (or up to 12 months) | Up to $2,500 | Often charged with larceny |
Results may vary. Prior results do not guarantee a similar outcome.
Building a Defense with a Burglary Lawyer Virginia
A burglary charge defense lawyer Virginia from our firm will examine every detail. Common defenses include lack of intent, mistaken identity, unlawful search and seizure, or insufficient evidence. For instance, if you entered a building you believed you had permission to enter, you may not have had the required criminal intent. Our process involves:
- Immediate Case Review: We analyze the police reports, witness statements, and evidence to identify weaknesses in the prosecution’s case.
- Investigation: We conduct our own investigation, which may include visiting the scene, interviewing witnesses, and consulting with experts.
- Pre-Trial Motions: We file motions to suppress evidence obtained illegally or to dismiss charges if the evidence is insufficient.
- Negotiation: We negotiate with prosecutors to seek a reduction of charges, such as from burglary to a lesser offense like trespassing.
- Trial Preparation: If a fair plea cannot be reached, we prepare a vigorous defense for trial, challenging the prosecution’s evidence at every step.
Our lead attorney for Virginia criminal defense is Kristen Fisher, a former prosecutor with firsthand insight into how these cases are built by the Commonwealth. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases.
Case Results and Firm Authority
Law Offices Of SRIS, P.C. has a documented record of results in criminal cases across Virginia. Firm-wide, we have handled 4,739+ cases with a favorable outcome rate of over 93%. While results depend on the specific facts of each case, our experience allows us to identify the most effective defense path quickly.
Results may vary. Prior results do not guarantee a similar outcome.
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
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location serves clients throughout Northern Virginia, including Fairfax County, Arlington, and Prince William County. We are accessible via major highways like I-66, I-495, and Route 50. If you need a burglary lawyer near Fairfax or a breaking and entering defense lawyer Virginia, contact us for a consultation.
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, larceny, or assault. Breaking and entering (Va. Code § 18.2-92) involves entering a building to commit a misdemeanor. Burglary generally carries more severe penalties.
Can a burglary charge be reduced in Virginia?
It depends. A burglary charge defense lawyer Virginia can often negotiate with prosecutors to reduce a felony burglary charge to a lesser offense like unlawful entry or trespassing, especially for first-time offenders or if the evidence of intent is weak. The outcome depends on the case details.
What should I do if I am arrested for burglary in Virginia?
First, remain silent and ask for a lawyer immediately. Do not discuss the case with anyone. Then, contact a burglary lawyer Virginia from our firm at (888) 437-7747. We can advise you on the next steps and begin building your defense right away.
Is burglary a felony in Virginia?
Yes. Burglary as defined under Va. Code § 18.2-89 is a Class 3 felony, punishable by 5 to 20 years in prison, or up to life in certain circumstances. A conviction results in a permanent felony record.
How can a lawyer help with a breaking and entering charge?
A breaking and entering defense lawyer Virginia can challenge the evidence that you broke into a building or had criminal intent. Defenses may include lack of intent, consent to enter, or mistaken identity. An attorney can seek to have charges dismissed or reduced before trial.