Burglary Defense Lawyer Madison County — Protecting Your Rights
A burglary charge in Madison County is a serious felony under Virginia law, carrying severe penalties. If you are facing a burglary charge, you need a dedicated burglary defense lawyer Madison County. Law Offices Of SRIS, P.C. has documented case results defending clients in Madison County courts.
Virginia Burglary Law and Penalties
In Virginia, burglary is defined under Va. Code § 18.2-89. The statute makes it a felony to enter a dwelling house at night with intent to commit a felony, larceny, or assault. A related charge, breaking and entering, is covered under Va. Code § 18.2-91 for entering a building with intent to commit larceny or other felony. The distinction often hinges on whether the structure is a dwelling and the time of entry.
Last verified: April 2026 | Madison County General District Court | Virginia General Assembly
Official Legal Resources
For the official text of Virginia’s burglary statutes, refer to Va. Code § 18.2-89 (official Virginia General Assembly). Court information and procedures can be found on the Madison County General District Court website.
Defending a Burglary Charge in Madison County
Building a defense against a burglary or breaking and entering charge requires a detailed examination of the evidence. The prosecution must prove every element beyond a reasonable doubt, including your intent at the time of entry. A skilled breaking and entering defense lawyer Madison County will challenge the evidence, question witness identification, and explore procedural errors.
- Initial Consultation & Case Review: Discuss the arrest details and charges with your attorney to identify immediate issues.
- Evidence Analysis: Your attorney will review police reports, witness statements, and any physical evidence for weaknesses.
- Pre-Trial Motions: File motions to suppress evidence obtained improperly or to challenge the sufficiency of the charges.
- Negotiation or Trial: Work toward a favorable plea agreement or prepare a strong defense for trial in Madison County Circuit Court.
Potential Penalties for Burglary in Virginia
In Madison County, a burglary conviction under Va. Code § 18.2-89 is a Class 3 felony, punishable by 5 to 20 years in prison and a fine up to $100,000. Breaking and entering under § 18.2-91 is a Class 6 felony, carrying 1 to 5 years in prison (or up to 12 months in jail) and a fine up to $2,500.
| 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 finding employment/housing. |
| Breaking & Entering (Va. Code § 18.2-91) | Class 6 Felony | 1 – 5 years (or up to 12 months jail) | Up to $2,500 | Permanent felony record, loss of firearm rights, probation, restitution. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of favorable outcomes for clients across Virginia, including in Madison County. Our approach is built on thorough preparation and understanding both sides of a criminal case.
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
Our firm has a history of achieving positive results for clients facing serious charges. In one case, a charge of Destruction of Property with Intent under $1000 in Arlington County GDC was nolle prosequi (dismissed by the prosecutor). In another, a 94/70 mph reckless driving charge in Alleghany County GDC was reduced to improper driving. We apply this focused, strategic defense to every case we handle.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Madison County, VA
Our Fairfax location serves clients in Madison County. We are accessible via Route 29 and Route 231. We provide legal representation to individuals throughout the Madison community.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
Frequently Asked Questions
What is the difference between burglary and breaking and entering in Virginia?
It depends on the structure and time. Burglary (Va. Code § 18.2-89) involves entering a dwelling at night with criminal intent. Breaking and entering (Va. Code § 18.2-91) involves entering any building (day or night) with intent to commit larceny or another felony. The penalties for burglary are generally more severe.
Can a burglary charge be reduced in Madison County?
Yes. A skilled burglary charge defense lawyer Madison County can negotiate with the Commonwealth’s Attorney. Possible outcomes include reduction to a misdemeanor like trespassing or unlawful entry, depending on the evidence and the defendant’s history.
What are the defenses to a burglary charge?
Common defenses include lack of intent, mistaken identity, unlawful search and seizure, or consent to enter. The prosecution must prove you intended to commit a crime inside at the moment of entry. Challenging this intent is often central to the defense.
Do I need a lawyer for a burglary charge in Madison County?
Yes. Burglary is a felony with mandatory prison time upon conviction. The legal process is complex, and the consequences are life-altering. An experienced burglary defense lawyer Madison County is essential to protect your rights and build a strong defense.
What happens at a preliminary hearing for burglary?
The preliminary hearing is held in Madison County General District Court. The prosecutor must show probable cause that a felony was committed and you likely committed it. It is a critical stage where your attorney can cross-examine witnesses and challenge the state’s evidence.
Related Practice Areas: If you are facing other charges, our firm also handles DUI defense in Madison County and family law matters.
Locations Served: Our burglary defense lawyer Madison County team also serves clients in surrounding areas. For defense in nearby jurisdictions, see our pages for Fairfax County criminal defense and Prince William County criminal defense.
Statewide Resource: For more information on criminal defense across Virginia, visit our Virginia criminal defense hub page.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.