Burglary Lawyer Augusta County — What Are Your Defense Options?
A burglary charge in Augusta County is a serious felony under Va. Code § 18.2-89, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. has documented case results in Augusta County. A burglary lawyer Augusta County from our firm can challenge the prosecution’s evidence of unlawful entry and intent. Contact us 24/7 for a consultation by appointment.
Virginia Burglary Statute and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-89 as 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 the perpetrator is armed with a deadly weapon, the charge escalates to statutory burglary while armed under § 18.2-90, a more severe felony.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-89 (official Virginia General Assembly). Court information is available at the Augusta County General District Court website.
Augusta County Court Process for Burglary Charges
Burglary cases in Augusta County begin with an arrest and a bond hearing before a magistrate. The case then proceeds to Augusta County General District Court for a preliminary hearing, where the Commonwealth’s Attorney must show probable cause. If bound over, the felony trial occurs in Augusta County Circuit Court. Prosecutors must prove unlawful entry and specific criminal intent beyond a reasonable doubt.
- Secure legal representation immediately after arrest or upon learning of a warrant.
- Attend the preliminary hearing in Augusta County General District Court to challenge probable cause.
- If the case proceeds, engage in discovery and file pre-trial motions in Circuit Court.
- Evaluate the strength of the prosecution’s evidence on entry and intent.
- Prepare for a jury trial or negotiate a potential plea to a lesser offense based on the evidence.
Potential Penalties for Burglary in Augusta County
In Augusta County, burglary is a Class 3 felony carrying 5 to 20 years in prison and a fine 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/housing. |
| Burglary while Armed (Va. Code § 18.2-90) | Class 2 Felony | 20 years to life | Up to $100,000 | None directly | Mandatory minimum sentences apply; severely enhanced penalties. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Augusta County Criminal 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 record includes 4,739+ case results with a 93%+ favorable outcome rate. We understand the high stakes of felony charges in the Augusta County courts.
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
Our firm has a documented record of favorable outcomes in criminal cases. For example, our team has successfully secured amendments and dismissals on charges ranging from driving offenses to property crimes. In Augusta County, we apply focused, evidence-driven strategies for each client.
Results may vary. Prior results do not guarantee a similar outcome.
Local Defense for Augusta County Residents
Our Shenandoah/Woodstock location serves clients in Augusta County and the surrounding communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville. We are accessible via I-81 and I-64.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St #103, Woodstock, VA 22664, United States
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Burglary Charges in Augusta 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 entering a dwelling at night with intent to commit a felony, larceny, or assault. Breaking and entering (Va. Code § 18.2-91) involves entering a building to commit a misdemeanor. A breaking and entering defense lawyer Augusta County can explain which statute applies to your case.
Can a burglary charge be reduced in Augusta County?
It depends on the evidence and circumstances. A burglary charge defense lawyer Augusta County may negotiate a reduction to a lesser offense like trespassing or unlawful entry if the evidence of intent is weak. Success often hinges on challenging the prosecution’s proof of the specific intent required for burglary at the time of entry.
What should I do if I am arrested for burglary in Augusta County?
Remain silent and request an attorney immediately. Do not discuss the case with anyone except your lawyer. Contact a burglary lawyer Augusta County as soon as possible to begin building your defense, starting with the bond hearing at the magistrate’s office.
Is burglary a felony in Virginia?
Yes. Burglary under § 18.2-89 is a Class 3 felony, punishable by 5 to 20 years in prison. Armed burglary is a Class 2 felony with penalties of 20 years to life. These are among the most serious property crimes in the Virginia code.
What are common defenses to a burglary charge?
Common defenses include lack of intent to commit a crime inside, mistaken identity, lawful right to enter the property, and insufficient evidence of a “breaking.” An experienced burglary lawyer Augusta County will investigate all angles, including potential violations of your constitutional rights during the investigation.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.