Burglary Lawyer Virginia Beach — What Are Your Defense Options?
Burglary in Virginia Beach is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. Law Offices Of SRIS, P.C. provides defense for burglary charges. A burglary lawyer Virginia Beach from our firm can challenge the prosecution’s evidence on intent and unlawful entry. Contact us 24/7 for a case review.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by statute as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The severity of the charge and its penalties depend on the specific circumstances, such as whether the building was occupied and if a weapon was involved.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
The primary statute is Va. Code § 18.2-89 (official Virginia General Assembly). For court procedures, refer to the Virginia Beach General District Court website.
Defending Against Burglary and Breaking and Entering Charges
Virginia Beach prosecutors must prove every element of burglary beyond a reasonable doubt. A common defense is challenging the evidence of intent to commit a crime at the time of entry. For instance, if you entered a property you believed you had permission to access, the required criminal intent may be absent. The procedural steps in Virginia Beach General District Court for a felony preliminary hearing are critical.
- Arraignment: You will be formally advised of the burglary charge at Virginia Beach General District Court and enter a plea.
- Preliminary Hearing: For felony burglary, this hearing determines if there is probable cause to send the case to Circuit Court for trial.
- Discovery & Motions: Your attorney will review all evidence and may file motions to suppress evidence obtained improperly.
- Circuit Court Proceedings: If the case proceeds, a jury trial in Virginia Beach Circuit Court is where the full defense is presented.
- Sentencing: If convicted, sentencing arguments focus on mitigating factors to argue for a sentence below the maximum.
Potential Penalties for Burglary in Virginia Beach
In Virginia Beach, burglary is a felony with penalties ranging from 5 years to life in prison, depending on the specific charge and circumstances.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 to 20 years | Up to $100,000 | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary with intent to commit murder, rape, robbery, or arson (§ 18.2-90) | Class 2 Felony | 20 years to life | Up to $100,000 | Same as above, with more severe long-term impacts. |
| Breaking and Entering (Commercial, § 18.2-91) | Class 6 Felony | 1 to 5 years (or up to 12 months) | Up to $2,500 | Felony record, though penalties may be less severe than dwelling burglary. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Criminal Defense in Virginia Beach
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of a burglary charge and build defenses that scrutinize the prosecution’s evidence of unlawful entry and criminal intent.
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 Client Advocacy
In Virginia Beach, our firm has 8 total documented case results across all practice areas with a 100% favorable outcome rate. While every case is unique, our approach involves a detailed case analysis. For example, in other jurisdictions, we have successfully argued for reduced charges by demonstrating a lack of intent, a key element in burglary cases. Our secondary attorney, Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases, leveraging his experience from having personally amended Virginia’s equitable distribution statute.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Virginia Beach
Our Richmond location serves clients facing charges at the Virginia Beach General District Court. We are accessible via I-264, I-64, and Route 44. We provide legal support for residents of Virginia Beach, Sandbridge, and Oceana.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (804)201-9009 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
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 entering a dwelling at night with intent to commit a felony, larceny, or assault. Breaking and entering (e.g., § 18.2-91) generally involves entering a non-dwelling (like a business) with intent to commit larceny or other felony, and can be charged as a less severe felony.
Can a burglary charge be reduced in Virginia Beach?
It depends on the evidence and circumstances. A skilled burglary charge defense lawyer Virginia Beach can negotiate with prosecutors to reduce a felony burglary to a misdemeanor like trespassing if the evidence of intent is weak, or if there are mitigating factors such as a clean record. This often requires filing pre-trial motions and challenging the state’s case.
What should I do if I am arrested for burglary in Virginia Beach?
Remain silent and ask for an attorney immediately. Do not discuss the case with anyone except your lawyer. Contact a burglary lawyer Virginia Beach from our firm 24/7 at (888) 437-7747. An early intervention allows your attorney to protect your rights during questioning and start building your defense strategy.
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. Aggravated forms, like burglary with intent to commit murder, are Class 2 felonies with penalties of 20 years to life.
What defenses are available against a burglary charge?
Common defenses include lack of intent (you entered for a non-criminal purpose), mistaken identity, lack of unlawful entry (you had permission), and insufficient evidence. A breaking and entering defense lawyer Virginia Beach can also challenge the legality of the police investigation, such as an unlawful search that produced key evidence.
For more information on related charges, see our pages on Virginia Criminal Defense, or learn about defense options in nearby areas like Henrico County and Chesterfield County. For other legal needs in Virginia Beach, consider our services for DUI Defense or Family Law.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.