Burglary Defense Lawyer Fairfax — Protecting Your Rights Against Serious Felony Charges
Burglary in Fairfax County is a serious felony under Va. Code § 18.2-89, carrying up to life imprisonment. Law Offices Of SRIS, P.C. provides a strong defense for burglary charges in Fairfax County General District and Circuit Courts. Our burglary defense lawyer Fairfax team has documented results defending against breaking and entering charges. 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 law is codified in Va. Code § 18.2-89 (official Virginia General Assembly). A related charge, statutory burglary under § 18.2-91, involves entering a dwelling in the daytime with the same intent. Breaking and entering a dwelling with intent to commit larceny, assault, or any other felony is a Class 3 felony, punishable by 5 to 20 years in prison and a fine up to $100,000. The firm, founded in 1997 by former prosecutor Mr. Sris, understands the severe consequences of a burglary conviction.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
Defending Burglary Charges in Fairfax County Courts
In Fairfax County, burglary cases begin with an arrest and bond hearing before a magistrate. The case is then presented to a grand jury at the Fairfax County Circuit Court for indictment. A key local procedural fact is that the Commonwealth’s Attorney for Fairfax County prosecutes these felonies aggressively. The defense must challenge the prosecution’s evidence on intent and unlawful entry from the outset. A burglary charge defense lawyer Fairfax can identify weaknesses, such as lack of forced entry or mistaken identity.
- Secure representation immediately after arrest to advise during police questioning and the bond hearing.
- Your attorney will file for discovery to obtain all prosecution evidence, including police reports and witness statements.
- A preliminary hearing may be held in General District Court to determine probable cause before the case moves to Circuit Court.
- Your lawyer will file pre-trial motions to suppress evidence obtained improperly or challenge the sufficiency of the indictment.
- Negotiate with the Commonwealth’s Attorney for a reduction to a lesser offense, such as trespass, if the evidence is weak.
- Prepare for a jury trial in Fairfax County Circuit Court if a favorable plea agreement cannot be reached.
Potential Penalties for Burglary in Virginia
In Fairfax County, burglary is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000. A conviction also creates a permanent felony record.
| 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. |
| Statutory Burglary (Va. Code § 18.2-91) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None directly | Same severe long-term consequences as burglary. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper, providing a combined 120+ years of legal experience. We have handled firm-wide 4,739+ cases with a 93%+ favorable outcome rate. In Fairfax County, we have 501 documented criminal case results. Our approach is to build a defense that questions every element of the prosecution’s case, especially the intent required for a burglary conviction. Secondary attorney Mr. Sris, the firm’s founder and a former prosecutor, brings strategic oversight to complex felony defenses.
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
Case Results
Our firm has a record of achieving favorable results in serious felony cases. In Fairfax County, we have 501 documented criminal case results, including 336 dismissals or not guilty verdicts and 143 charges reduced or amended. For example, we have successfully argued for reduced charges in breaking and entering cases where intent was disputable.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Fairfax County, VA
Our Fairfax location serves clients at the Fairfax County courts. If you need a burglary defense lawyer near Fairfax, we are accessible. We serve communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only.
Frequently Asked Questions
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a 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 (often under § 18.2-91) can involve any building and may not require it to be nighttime. A breaking and entering defense lawyer Fairfax can explain which statute applies to your case.
Can a burglary charge be reduced to a misdemeanor?
It depends. While burglary is always a felony, a skilled attorney may negotiate a reduction to a misdemeanor like trespassing or unlawful entry if the evidence for felony intent is weak. This often depends on your criminal history and the specific facts of the case.
What are the defenses to a burglary charge?
Common defenses include lack of intent to commit a crime inside, mistaken identity, consent to enter the property, or insufficient evidence that a “breaking” occurred. An attorney will examine police procedure and evidence collection for constitutional violations.
Do I need a lawyer for a burglary charge?
Yes. Burglary is a serious felony with life-altering penalties. The legal process is complex, involving grand juries and potential jury trials. A burglary defense lawyer Fairfax can protect your rights, challenge evidence, and work toward the best possible outcome.
What happens at a preliminary hearing for burglary?
The preliminary hearing in Fairfax County General District Court determines if there is enough evidence (probable cause) to send the felony case to the grand jury. Your lawyer can cross-examine the prosecution’s witnesses and may get the charge dismissed if the evidence is insufficient.
Internal Resources
For more information, visit our Virginia Criminal Defense hub page. We also assist with related charges in nearby areas like Fairfax City and Prince William County. If you are facing other serious charges, consider our Fairfax DUI defense or Fairfax family law services.
Page last verified and updated: April 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding your burglary charge.