Burglary Defense Lawyer Virginia — What Are Your Defense Options?
Burglary in Virginia is a serious felony under Va. Code § 18.2-89, punishable by 5 years to life in prison. A burglary defense lawyer Virginia from Law Offices Of SRIS, P.C. can challenge the prosecution’s evidence on intent and unlawful entry. With 4,739+ firm-wide case results, our former prosecutors build strong defenses. Call 24/7 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The statute, Va. Code § 18.2-89, classifies it as a felony. The severity of the charge and potential sentence escalates based on factors like whether the accused was armed or if an assault occurred during the burglary.
Last verified: April 2026 | Virginia General Assembly | Virginia Code
Official Legal Resources
For the official statute, refer to the Virginia General Assembly website for Va. Code § 18.2-89. Court procedures and local rules can be found on the Virginia Courts website.
Building a Defense Against Burglary Charges
The prosecution must prove every element of burglary beyond a reasonable doubt. A key defense often involves challenging the evidence of intent to commit a crime at the time of entry. For instance, if you entered a property mistakenly or with permission for a different purpose, the required criminal intent may be absent. A breaking and entering defense lawyer Virginia will meticulously examine police reports, witness statements, and forensic evidence for inconsistencies or constitutional violations, such as an unlawful search.
- Initial Consultation & Case Review: Discuss all details of the accusation with your attorney immediately after arrest or charge.
- Evidence Analysis: Your attorney will obtain discovery from the Commonwealth to review all police reports, witness statements, and physical evidence.
- Motion Practice: File pre-trial motions to suppress illegally obtained evidence or dismiss charges based on insufficient evidence.
- Negotiation & Trial Prep: Engage in plea negotiations with the prosecutor for a reduced charge while simultaneously preparing a strong trial defense.
- Trial or Resolution: Proceed to a bench or jury trial to assert your innocence or finalize a negotiated plea agreement.
Potential Penalties for Burglary in Virginia
In Virginia, burglary is punished as a felony with a potential prison sentence ranging from five years to life, depending on the specific circumstances and enhancements.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Felony | 5 years to life | Up to $100,000 | Permanent felony record, loss of firearm rights, difficulty securing employment/housing. |
| Statutory Burglary (with weapon or assault) (Va. Code § 18.2-90) | Felony | Mandatory minimum sentences apply | Up to $100,000 | Same as above, with enhanced penalties. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Charge Defense
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 track record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. We understand that a burglary charge defense lawyer Virginia must be both a skilled negotiator and a prepared litigator, ready to challenge the Commonwealth’s case at every turn.
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
Documented Case Results
Our attorneys have successfully defended clients against serious felony charges across Virginia. While every case is unique, our approach combines rigorous investigation with strategic negotiation and, when necessary, aggressive trial advocacy. For example, our team has secured amendments and reductions in charges where the evidence for specific intent was weak.
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex criminal matters, Mr. Sris, brings his foundational experience as a former prosecutor and firm founder to provide strategic oversight.
Contact Our Virginia Burglary Defense Lawyers
Our Fairfax location is centrally located to serve clients across Northern Virginia. We are accessible via major highways including I-66, I-495, and Route 50. If you need a burglary defense lawyer near Fairfax County or surrounding communities like Arlington, Loudoun, or Prince William, we are here to help.
We serve neighborhoods in: Fairfax, Arlington, Reston, Herndon, McLean, Vienna, Tysons, Centreville, Chantilly, Burke, Springfield, Annandale, Falls Church, Manassas, Woodbridge, Leesburg, Ashburn.
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) 636-5417
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 house at night with intent to commit a felony, larceny, or assault. Breaking and entering (Va. Code § 18.2-91) involves entering a building (not necessarily a dwelling) with intent to commit larceny, assault, or other felony, or committing any felony after entry, regardless of time. The penalties and elements differ, making the advice of a breaking and entering defense lawyer Virginia crucial.
Can a burglary charge be reduced in Virginia?
It depends. A burglary charge defense lawyer Virginia can negotiate with the prosecutor for a reduction to a lesser offense like trespassing or unlawful entry if the evidence for intent is weak, or if there are mitigating circumstances. Success depends on the facts of your case, your criminal history, and the strength of the defense strategy.
What are the defenses to 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 to be there), insufficient evidence, or violation of your constitutional rights during the investigation or arrest. An attorney will identify the best defense based on the specific evidence against you.
Is burglary a felony in Virginia?
Yes. Burglary under § 18.2-89 is always classified as a felony in Virginia, punishable by a prison sentence of five years to life. Enhanced penalties apply if a deadly weapon was used or if an assault occurred during the burglary.
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 immediately request to speak with a burglary defense lawyer Virginia. Anything you say can be used against you, and investigators are trained to obtain statements that may harm your defense.
Internal Resources: For more information on criminal defense in Virginia, visit our Virginia criminal lawyer hub page. If you are in a neighboring area, you may also view our pages for Henrico County criminal defense or Fairfax reckless driving defense.
Page last verified and updated: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your burglary charge defense lawyer Virginia needs.