Burglary Lawyer in Chesapeake, Virginia — What Are Your Defense Options?
A burglary charge in Chesapeake is a serious felony under Va. Code § 18.2-89, carrying up to life in prison. Law Offices Of SRIS, P.C. has 1 documented result in Chesapeake: 1 dismissed/not guilty (100% favorable outcome rate). Our burglary lawyer Chesapeake team provides a strong defense strategy. Contact us 24/7 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined in Va. Code § 18.2-89 as breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. It is a Class 3 felony, punishable by 5 to 20 years in prison and a fine up to $100,000. If armed with a deadly weapon, it becomes a Class 2 felony with a potential life sentence.
Last verified: April 2026 | Chesapeake General District Court | Virginia General Assembly
Official Legal Resources
For the official statute, see Va. Code § 18.2-89 (official Virginia General Assembly). Court information is available at the Chesapeake General District Court website.
Local Court Process for a Burglary Charge
In Chesapeake, a burglary case begins with an arrest and a bond hearing before a magistrate at the Chesapeake City Jail. The case proceeds to Chesapeake General District Court for a preliminary hearing to determine probable cause. If bound over, the felony trial occurs in Chesapeake Circuit Court. Prosecutors must prove every element, including the specific intent at the time of entry.
- Secure representation immediately after arrest to advise on the bond hearing.
- Your attorney will file for discovery to obtain all police reports, witness statements, and evidence.
- At the GDC preliminary hearing, your lawyer will challenge the sufficiency of the evidence for probable cause.
- If the case proceeds to Circuit Court, a detailed trial strategy is developed, often focusing on intent, identity, or unlawful search and seizure.
Potential Penalties for Burglary in Chesapeake
In Chesapeake, burglary is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000. An enhanced charge for burglary while armed is a Class 2 felony with up to life imprisonment.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 – 20 years | Up to $100,000 | N/A | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Burglary while Armed | Class 2 Felony | 20 years to life | Up to $100,000 | N/A | Same as above, with mandatory minimum sentences likely. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Chesapeake Burglary Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our team has over 120 years of combined legal experience. We have documented 1 case result in Chesapeake with a 100% favorable outcome rate for our clients. Our burglary charge defense lawyer Chesapeake approach is built on thorough investigation and aggressive courtroom advocacy.
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
Our team also includes Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally amended Virginia’s equitable distribution statute.
Case Results
Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate across Virginia, Maryland, New Jersey, New York, and DC. In Chesapeake, we have 1 documented burglary case result: 1 dismissed/not guilty (100% favorable outcome rate).
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Lawyer Near Chesapeake, Virginia
Our Richmond location serves clients at the Chesapeake courts at 307 Albemarle Drive. We are accessible via I-64, I-464, and Route 168. If you need a burglary lawyer near Chesapeake or in neighborhoods like Deep Creek, Great Bridge, or Greenbrier, contact us.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
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 (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 you go to jail for a first-time burglary offense in Chesapeake?
Yes. Burglary is a felony with mandatory prison time upon conviction. Virginia sentencing guidelines recommend incarceration for a Class 3 felony like burglary, even for first-time offenders. The range is 5 to 20 years, though a judge has discretion within that framework based on the case specifics.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, lack of breaking (entry was through an open door), consent to enter, and unlawful search and seizure violating the Fourth Amendment. A burglary lawyer Chesapeake can evaluate which defense applies to your case.
Should I talk to the police if I’m suspected of burglary?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and request a lawyer immediately. Anything you say can be used to establish intent, a critical element of the burglary charge.
What court in Chesapeake handles burglary cases?
Burglary cases start with a preliminary hearing in Chesapeake General District Court at 307 Albemarle Drive. If the judge finds probable cause, the felony trial is held before a jury in Chesapeake Circuit Court. A breaking and entering defense lawyer Chesapeake will represent you in both courts.
Related Legal Information
If you are facing charges, act quickly. For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. For other legal needs in Chesapeake, consider our services for DUI/DWI or Family Law.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.