Burglary Lawyer Arlington County — Defending Against Breaking and Entering Charges
Burglary in Arlington County is a serious felony under Va. Code § 18.2-89, punishable by up to life imprisonment. Law Offices Of SRIS, P.C. provides a strong defense for those accused of breaking and entering. Our Arlington location is minutes from the courthouse, and our team includes former prosecutors with deep knowledge of local procedures.
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. This is a Class 3 felony, carrying a potential sentence of 5 to 20 years in prison and a fine of up to $100,000. A related charge, statutory burglary under § 18.2-91, involves breaking and entering with intent to commit larceny, assault, or any felony, and can be charged as a Class 3 or Class 6 felony depending on the circumstances. The prosecution must prove the specific intent to commit a crime inside the structure at the time of entry.
For official Virginia statutes, refer to the Virginia General Assembly website for § 18.2-89. Court information is available at the Arlington County General District Court website.
Defending Burglary Charges in Arlington County
Arlington County prosecutors aggressively pursue burglary charges. A key local procedural fact is that all felony charges, including burglary, begin with a preliminary hearing at the Arlington County General District Court (1425 N. Courthouse Rd). At this hearing, the Commonwealth must show probable cause that a crime was committed and that you are the person who committed it. This is a critical early stage where a skilled burglary charge defense lawyer Arlington County can challenge the evidence before the case moves to Circuit Court for trial.
- Secure representation immediately after arrest or upon receiving a summons.
- Your attorney will request discovery from the Commonwealth’s Attorney to review all evidence.
- Prepare for and attend the preliminary hearing in Arlington County General District Court to challenge probable cause.
- If the case proceeds, file pre-trial motions in Arlington County Circuit Court to suppress evidence or dismiss charges.
- Evaluate the strength of the prosecution’s case to negotiate a plea or prepare for trial.
- If convicted, advocate for a sentence below the guidelines at the sentencing hearing.
Potential Penalties for Burglary in Arlington
In Arlington County, burglary is a felony with penalties ranging from 5 years to life in prison, depending on the specific circumstances and enhancements.
| 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. |
| Statutory Burglary (Va. Code § 18.2-91) | Class 3 or Class 6 Felony | 1 – 20 years (varies) | Up to $100,000 | Same as above; Class 6 felony carries 1-5 years or up to 12 months in jail. |
| Burglary with Deadly Weapon | Enhanced Penalties | Mandatory minimum sentences apply | Court discretion | Greatly increased prison time under Virginia’s sentencing guidelines. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Arlington County Courts
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined attorney experience and a record of 4,739+ case results with a 93%+ favorable outcome rate firm-wide. In Arlington County, we have documented results defending clients against serious charges. Our team understands the local legal field. For instance, Mr. Sris has personally amended Virginia state law, demonstrating a deep level of legal authority. Our approach is collaborative; for complex cases like burglary, primary attorney Kristen Fisher often works with Mr. Sris to develop a multi-faceted defense strategy.
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 and Defense Strategy
Our defense strategy for a breaking and entering defense lawyer Arlington County case begins with a meticulous review of the evidence. We examine police reports, witness statements, and forensic evidence for constitutional violations, such as illegal searches under the Fourth Amendment. We also challenge the element of intent, which the Commonwealth must prove beyond a reasonable doubt. In documented Arlington County cases, our firm has achieved favorable outcomes including dismissals and reductions of charges.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Arlington County Burglary Defense Team
Our Arlington location at 1655 Fort Myer Dr, Suite 700, Arlington, VA 22209 is strategically positioned to serve clients facing charges at the Arlington County Courthouse. We serve the communities of Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. If you are searching for a “burglary lawyer near Arlington County,” we are here to help.
Availability: 24/7 phone consultations — meetings by appointment only.
Phone: Toll-Free: (888) 437-7747 | Local: 703-589-9250
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 breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. “Breaking and entering” is a broader term that can be part of burglary or refer to the separate crime of statutory burglary under § 18.2-91, which involves entering any building with criminal intent.
Can burglary charges be reduced in Arlington County?
It depends on the evidence and your history. A skilled burglary charge defense lawyer Arlington County can negotiate with prosecutors to reduce a felony burglary charge to a lesser offense like trespassing or unlawful entry, which carry significantly lower penalties. Success depends on case specifics, evidence problems, and your background.
What should I do if I am arrested for burglary in Arlington?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a burglary lawyer Arlington County as soon as possible to begin building your defense. Your attorney can advise you on bail and guide you through the initial court hearings at Arlington County General District Court.
Is burglary a felony in Virginia?
Yes. Burglary as defined in Va. Code § 18.2-89 is always a Class 3 felony in Virginia. Conviction results in a permanent felony record, prison time, and the loss of certain civil rights like owning a firearm.
How long does a burglary case take in Arlington County?
A burglary case can take several months to over a year. It starts with a preliminary hearing in General District Court within a few weeks. If bound over, the case moves to Arlington County Circuit Court, where pre-trial motions and potential plea negotiations occur. A jury trial will extend the timeline further.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.