Burglary Defense Lawyer in Fauquier County, Virginia
A burglary charge in Fauquier County is a serious felony under Va. Code § 18.2-90, carrying up to life in prison. Law Offices Of SRIS, P.C. provides a strong defense for breaking and entering charges. Our burglary defense lawyer Fauquier County team, including former prosecutor Kristen Fisher, has documented results in the Fauquier County General District Court.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-90 as entering a dwelling house at night with intent to commit a felony, larceny, or assault. A related charge, breaking and entering under § 18.2-91, involves entering a building with similar intent. These are serious felonies prosecuted aggressively by the Fauquier County Commonwealth’s Attorney. The Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, has over 120 years of combined attorney experience handling such complex cases.
Official Legal Resources
For the official statute, refer to Va. Code § 18.2-90 (official Virginia General Assembly). Court information is available at the Fauquier County General District Court website.
Defending Burglary Charges in Fauquier County
In Fauquier County, a burglary charge defense lawyer must immediately challenge the prosecution’s evidence of intent and unlawful entry. The Commonwealth must prove you entered a dwelling at night with the specific intent to commit a crime inside. Our team analyzes police reports, witness statements, and forensic evidence to find weaknesses. For instance, was there a mistaken belief of permission to enter? Was the alleged intent fabricated?
- Secure immediate legal representation after arrest or charge.
- Your attorney will file for discovery to obtain all prosecution evidence.
- We will investigate the scene, potential witnesses, and police conduct.
- File pre-trial motions to suppress evidence or dismiss charges if procedural errors exist.
- Negotiate with the Commonwealth’s Attorney for a reduction to a lesser offense like trespassing.
- Prepare for a jury trial in Fauquier County Circuit Court if a favorable plea cannot be reached.
Potential Penalties for Burglary in Fauquier County
In Fauquier County, burglary is a Class 3 felony punishable by 5 to 20 years in prison and a fine up to $100,000. Breaking and entering is a Class 6 felony (1-5 years, or up to 12 months in jail).
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-90) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Breaking and Entering (Va. Code § 18.2-91) | Class 6 Felony | 1 – 5 years (or up to 12 months jail) | Up to $2,500 | None | Permanent felony record, loss of firearm rights. |
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 firm-wide experience totals over 120 years, with more than 4,739 case results and a 93%+ favorable outcome rate. Our “Advocacy Without Borders” approach means we use every available resource to defend your case. In Fauquier County, we understand the local court procedures and prosecution strategies.
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 and Defense Strategy
Our firm has documented results in Fauquier County. While every case is unique, our defense strategy for a burglary charge involves a meticulous review of the evidence. We examine the legality of the investigation, the credibility of witnesses, and the specific elements the prosecution must prove. A secondary attorney on our team, Mr. Sris, brings additional decades of experience as a former prosecutor and firm founder, offering strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Fauquier County
Our Fairfax location serves clients at the Fauquier County courts (6 Court Street, Warrenton). We are accessible via I-66, Route 29, and Route 17. We are a burglary defense lawyer near Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct
Fairfax, VA 22032
By appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fauquier County, Virginia?
A Class 1 misdemeanor in Fauquier County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Fauquier County General District Court (6 Court Street, Warrenton, VA 20186). 1 documented results: 1 reduced/amended (100% favorable outcome rate)
Can criminal charges be expunged in Fauquier County, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Fauquier County Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 1 documented results: 1 reduced/amended (100% favorable outcome rate)
How does bail work in Fauquier County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Fauquier County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Fauquier County General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony)
What is the difference between GDC and Circuit Court in Fauquier County?
Fauquier County General District Court handles misdemeanor trials and felony preliminary hearings. Fauquier County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Fauquier County General District Court (6 Court Street, Warrenton, VA 20186) is the GDC location.
What should I look for in a burglary charge defense lawyer Fauquier County?
It depends. You need an attorney with specific experience defending felony property crimes in Virginia. Look for a lawyer who understands Va. Code §§ 18.2-90 and 18.2-91, has trial experience in Fauquier County Circuit Court, and can challenge forensic and intent evidence. A former prosecutor’s insight can be invaluable.
For more information, see our Virginia Criminal Defense Lawyer hub. We also assist clients in nearby areas like Fairfax County and with related charges such as DUI in Fauquier County.
Last verified: April 2026. Information current as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.