Burglary Lawyer Fairfax — What Are Your Defense Options?
Burglary in Fairfax 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 501 documented results in Fairfax County: 336 dismissed/not guilty, 143 reduced/amended. A strong defense requires immediate action. Our Fairfax burglary lawyer team is available 24/7.
Virginia Burglary Law 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. The statute is strictly construed, meaning the prosecution must prove every element beyond a reasonable doubt. This includes proving the specific intent at the moment of entry.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly.
Founded in 1997 by former prosecutor Mr. Sris, our firm brings over 120 years of combined legal experience to every case. We understand that a burglary charge can upend your life, affecting employment, housing, and family. Our approach is to scrutinize the evidence from the start, challenging unlawful searches, witness identifications, and the element of intent.
Official Legal Resources
- Va. Code § 18.2-89 (official Virginia General Assembly)
- Fairfax County General District Court website
Fairfax County Burglary Defense Process
In Fairfax County, burglary cases typically begin with an arrest and an initial appearance at the Fairfax County General District Court for a bond hearing. The case then proceeds to a preliminary hearing in the same court to determine probable cause before being certified to the Circuit Court for trial. Prosecutors in Fairfax rigorously pursue these charges, making early, strategic defense critical.
- Secure Immediate Representation: Contact an attorney before any police interview. Do not make statements.
- Bond Hearing: Argue for personal recognizance or reasonable secured bond based on ties to the community.
- Preliminary Hearing: Challenge the prosecution’s evidence and cross-examine witnesses to weaken their case before certification.
- Circuit Court Motions: File pre-trial motions to suppress illegally obtained evidence or dismiss charges for lack of probable cause.
- Negotiation or Trial: Pursue a favorable plea agreement to a lesser charge or prepare for a jury trial to contest the allegations.
Potential Penalties for Burglary in Virginia
In Fairfax County, burglary is a Class 3 felony punishable by 5 to 20 years in prison and a fine of up to $100,000. If armed with a deadly weapon, it becomes a Class 2 felony (20 years to life).
| 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 | Class 2 Felony | 20 years – Life | Up to $100,000 | None directly | Mandatory minimum sentences apply; severely enhanced penalties. |
| Breaking and Entering (Va. Code § 18.2-91) | Class 6 Felony | 1 – 5 years (or up to 12 months) | Up to $2,500 | None directly | Still a felony conviction with all attendant long-term consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Charge
Law Offices Of SRIS, P.C. was founded in 1997 on the principle of “Advocacy Without Borders.” Our team includes former prosecutors and a former Virginia State Trooper, giving us unique insight into how the other side builds its case. We have a documented track record in Fairfax County courts, with 501 case results achieving dismissals, not-guilty verdicts, and charge reductions. We handle the intense pressure so you can focus on your life and family.
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 in Fairfax County
Our commitment is reflected in our local results. In Fairfax County, we have 501 documented criminal case results, including 336 dismissals or not-guilty verdicts and 143 charges reduced or amended to lesser offenses. For instance, we have successfully argued for reduced charges in breaking and entering cases, avoiding felony convictions for our clients. Mr. Sris, our managing attorney and former prosecutor, provides strategic oversight on complex cases, ensuring every angle is explored.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Fairfax County Courts
Our Fairfax location at 4008 Williamsburg Court is centrally located to serve clients at the Fairfax County General District Court and Circuit Court. We represent individuals throughout the region, including in Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. As a burglary charge defense lawyer Fairfax residents trust, we offer 24/7 phone consultations. Meetings are 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.
Fairfax Burglary Lawyer FAQ
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 (not necessarily a dwelling or at night) to commit a misdemeanor. Burglary is a Class 3 felony; breaking and entering is typically a Class 6 felony.
Can a burglary charge be reduced to a misdemeanor?
It depends on the evidence and your history. While burglary is a felony, a skilled burglary lawyer Fairfax may negotiate a reduction to a misdemeanor like trespassing or unlawful entry if the evidence of intent is weak, or you qualify for a first-offender program. The specific facts of your case and the prosecutor’s discretion are determining factors.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, an illegal search that taints the evidence, consent to enter the property, or insufficient evidence that the location was a “dwelling.” A breaking and entering defense lawyer Fairfax can evaluate which defenses apply to your situation.
Do I need a lawyer for a burglary charge in Fairfax?
Yes. Burglary is a serious felony with life-altering penalties. The Commonwealth’s Attorney will vigorously prosecute. An experienced burglary charge defense lawyer Fairfax can protect your rights, challenge evidence, negotiate with prosecutors, and provide you with the best chance at a favorable outcome, whether through dismissal, reduction, or acquittal.
What happens at a preliminary hearing for burglary?
The preliminary hearing in Fairfax County General District Court determines if there is probable cause to certify the felony charge to Circuit Court. Your attorney can cross-examine the prosecution’s witnesses, lock in their testimony, and potentially get the charge reduced or dismissed if the evidence is insufficient.
Related Legal Resources
If you are facing other charges, our firm provides full defense. Learn more about DUI defense in Fairfax, Virginia criminal defense, or defense in nearby jurisdictions like Falls Church.
Page last verified and updated: April 2026. Laws and procedures change. For the most current advice regarding your burglary charge, contact Law Offices Of SRIS, P.C. for a consultation.