Burglary Lawyer Virginia — Defending Against Breaking and Entering Charges
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 Virginia burglary lawyer immediately. Law Offices Of SRIS, P.C. provides strong defense with over 120 years of combined attorney experience. Our burglary charge defense lawyer Virginia team is available 24/7. Call (888) 437-7747 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary is defined in Virginia as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The statute, Va. Code § 18.2-89, classifies it as a Class 3 felony. A conviction can result in a prison sentence of 5 to 20 years and a fine of up to $100,000. If the perpetrator is armed with a deadly weapon, the charge escalates to statutory burglary while armed, which carries even harsher penalties.
Last verified: April 2026 | Virginia Courts | Virginia General Assembly
Official Legal Resources
For the full text of the burglary statute, visit the official Virginia General Assembly website. Court procedures and filing information can be found on the Virginia Courts website.
Defense Strategy for a Burglary Charge
A breaking and entering defense lawyer Virginia from our firm will scrutinize every aspect of the prosecution’s case. Common defense strategies include challenging the evidence of intent, arguing mistaken identity, or proving you had permission to enter the property. The prosecution must prove every element of the crime beyond a reasonable doubt, including the specific intent to commit a crime inside.
- Initial Consultation: Contact our firm immediately after an arrest or charge.
- Case Investigation: We will obtain all police reports, witness statements, and evidence.
- Strategy Development: Our attorneys will identify weaknesses in the prosecution’s case.
- Pre-Trial Motions: We may file motions to suppress illegally obtained evidence.
- Negotiation or Trial: We will seek a favorable plea deal or prepare for a vigorous trial defense.
Potential Penalties for Burglary in Virginia
In Virginia, a burglary conviction is a Class 3 felony with a penalty range of 5 to 20 years in prison and a fine 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 | None | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Armed) | Class 2 Felony | 20 years to life | Up to $100,000 | None | Mandatory minimum sentences apply. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Virginia Burglary Defense Team
Founded in 1997, Law Offices Of SRIS, P.C. brings a formidable combination of experience to your defense. Our team includes former prosecutors and a former Virginia State Trooper, giving us unique insight into how the other side builds its cases. Firm-wide, we have handled over 4,739 cases with a favorable outcome rate exceeding 93%. We understand the severe consequences of a felony conviction and fight to protect your future.
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
Documented Case Results
Our firm has a documented history of achieving favorable results in criminal cases across Virginia. While every case is unique, our strategic approach has led to numerous dismissals, charge reductions, and acquittals. For instance, our team has successfully defended clients facing charges from drug possession to more serious felonies.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Lawyer Near Virginia
Our Fairfax location is centrally located to serve clients across Northern Virginia and is accessible via major highways like I-66, I-495, and Route 50. We are a trusted burglary lawyer near Virginia communities including Fairfax, Arlington, Loudoun, and Prince William County.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
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 § 18.2-91) involves entering a building (not necessarily a dwelling) with intent to commit larceny or other felony, regardless of time. The penalties differ significantly.
Can a burglary charge be reduced in Virginia?
It depends on the evidence and circumstances. A skilled burglary charge defense lawyer Virginia can negotiate with prosecutors for a reduction to a lesser offense like trespassing or unlawful entry, which carry milder penalties. Success depends on factors like your criminal history, the strength of the state’s case, and evidence of intent.
What should I do if I am arrested for burglary?
First, remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a burglary lawyer Virginia from our firm as soon as possible at (888) 437-7747. We can begin the defense process, advise you on your rights, and work to secure your release.
Is burglary a felony in Virginia?
Yes. Burglary under § 18.2-89 is always a felony in Virginia—specifically a Class 3 felony, punishable by 5 to 20 years in prison. If a deadly weapon is involved, it becomes a Class 2 felony with a potential life sentence.
How can a former prosecutor help my burglary defense?
A former prosecutor, like Of Counsel Kristen Fisher, understands how the Commonwealth builds its cases. This insider knowledge allows us to anticipate prosecution strategies, identify procedural weaknesses, and effectively counter the evidence presented against you, which is crucial for a breaking and entering defense lawyer Virginia.
Internal Resources
For more information on criminal defense in Virginia, visit our Virginia Criminal Lawyer hub page. If you are facing related charges, consider reading about reckless driving defense in Fairfax or criminal defense in Henrico County.
Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.