Burglary Lawyer Fairfax County — What Are Your Defense Options?
Burglary in Fairfax County is a serious felony under Va. Code § 18.2-89, punishable by up to 20 years in prison. Law Offices Of SRIS, P.C. has 501 documented criminal defense results in Fairfax County. A burglary charge defense lawyer Fairfax County can challenge the prosecution’s evidence of unlawful entry and intent. Contact us 24/7 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary, defined in Virginia as the breaking and entering of a dwelling house at night with intent to commit a felony, larceny, or assault, is governed by Va. Code § 18.2-89. It is classified as a Class 3 felony. A breaking and entering defense lawyer Fairfax County must understand that the prosecution must prove each element beyond a reasonable doubt: the breaking, the entering, that it was a dwelling house, that it occurred at night, and the specific criminal intent.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a combined 120+ years of legal experience to building a strong defense against serious felony charges like burglary.
Official Legal Resources
- Va. Code § 18.2-89 (official Virginia General Assembly)
- Fairfax County General District Court website
Defending a Burglary Charge in Fairfax County
In Fairfax County, prosecutors from the Commonwealth’s Attorney’s office vigorously pursue burglary charges. A key local procedural fact is that many burglary cases begin with a preliminary hearing in Fairfax County General District Court before potentially moving to Circuit Court for a jury trial. The specific intent element is often the most vulnerable part of the prosecution’s case. A burglary charge defense lawyer Fairfax County can argue you lacked the intent to commit a crime inside, perhaps entering for shelter or by mistake.
- Case Assessment: Immediately after arrest, your attorney will review the warrant, police reports, and any witness statements to identify weaknesses.
- Preliminary Hearing: Your lawyer can challenge probable cause at this GDC hearing, potentially getting felony charges reduced or dismissed early.
- Discovery & Investigation: Your defense team will request all evidence, examine the scene, and interview witnesses to build your case.
- Motion Practice: Filing pre-trial motions to suppress illegally obtained evidence or challenge the prosecution’s legal theory.
- Negotiation or Trial: Based on the evidence, your attorney will negotiate for a favorable plea or prepare a vigorous trial defense in Circuit Court.
Potential Penalties for Burglary in Virginia
In Fairfax County, burglary is a Class 3 felony carrying a prison sentence of 5 to 20 years and a fine of 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 directly | Permanent felony record, loss of firearm rights, difficulty finding employment and housing. |
| Statutory Burglary (e.g., with weapon) | Class 2 Felony | 20 years to life | Up to $100,000 | None directly | Enhanced penalties, mandatory minimum sentences may apply. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Fairfax County Criminal Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. In Fairfax County specifically, we have 501 documented criminal defense results: 336 cases dismissed or found not guilty, 143 charges reduced or amended, and 5 other favorable outcomes.
Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex felony matters. His background in accounting and information systems offers a unique advantage in cases involving forensic evidence or financial motives.
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 Fairfax County
Our documented results in Fairfax County courts demonstrate our approach to building strong defenses. While every case is unique, our strategies have led to dismissals, charge reductions, and favorable plea agreements for clients facing serious allegations.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Lawyer Near Fairfax County
Our Fairfax location serves clients at the Fairfax County courts. We represent individuals from Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
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) 636-5417
By appointment only.
FAQs: Burglary Charges in Fairfax 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 house at night with intent to commit a felony, larceny, or assault. Breaking and entering (Va. Code § 18.2-91) generally applies to other buildings and may not require the specific intent or nighttime element, making it a lesser offense.
Can a burglary charge be reduced to a misdemeanor?
It depends. While burglary is a felony, a skilled burglary charge defense lawyer Fairfax County may negotiate a reduction to a misdemeanor like trespassing or unlawful entry if the evidence of intent is weak. Factors include your criminal history, the circumstances of the entry, and whether anything was stolen or damaged.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for a non-criminal purpose), mistaken identity, lack of a “breaking” (if entry was through an open door), consent to enter, and challenging the legality of the police investigation or evidence collection. Each defense depends on the specific facts of your case.
Do I need a lawyer for a burglary charge in Fairfax County?
Yes. Facing a felony burglary charge without an attorney risks a lengthy prison sentence and a permanent felony record. The Commonwealth’s Attorney will prosecute the case aggressively. An experienced burglary lawyer Fairfax County can protect your rights, challenge the evidence, and work toward the best possible outcome.
What happens at a preliminary hearing for burglary?
The preliminary hearing in Fairfax County General District Court is where the prosecution must show probable cause that a burglary occurred and that you committed it. Your lawyer can cross-examine witnesses and argue to have the charge dismissed or reduced. It is a critical early stage in your defense.
Related Legal Information
If you are facing criminal charges in Fairfax County, you may also want to learn about Virginia criminal defense. For charges in nearby areas, see our pages for Fairfax City and Prince William County. For other legal needs in Fairfax County, we also handle DUI defense and family law matters.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.