Burglary Lawyer Falls Church — What Are Your Defense Options?
A burglary charge in Falls Church is a serious felony under Va. Code § 18.2-90, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. has 6 documented results in Falls Church: 5 dismissed/not guilty, 1 reduced/amended. A skilled burglary lawyer Falls Church can challenge the prosecution’s evidence of unlawful entry and intent.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined in Va. Code § 18.2-90 as entering a dwelling house in the nighttime with intent to commit a felony, larceny, or assault. The statute is part of Title 18.2 of the Virginia Code, which covers Crimes and Offenses. The law requires the prosecution to prove beyond a reasonable doubt that you entered a dwelling, that the entry was at night, and that you had the specific intent to commit a crime inside. Founded in 1997 by former prosecutor Mr. Sris, our firm has a deep understanding of how these charges are constructed and defended.
Last verified: April 2026 | Falls Church General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, refer to the official Virginia burglary statute (Va. Code § 18.2-90). Court procedures and filings for Falls Church cases are handled at the Falls Church General District Court website.
Falls Church Court Process for Burglary Charges
Burglary is a felony, so your case will begin with a preliminary hearing at the Falls Church General District Court to determine if there is probable cause. If bound over, the case proceeds to Falls Church Circuit Court for a jury trial. The Commonwealth’s Attorney must prove every element, including the specific intent at the moment of entry. A breaking and entering defense lawyer Falls Church can attack weaknesses in this proof, such as mistaken identity, lack of intent, or an unlawful search that tainted the evidence.
- Arraignment at Falls Church General District Court (300 Park Avenue).
- Preliminary hearing where the defense can cross-examine the state’s witnesses.
- If bound over, arraignment in Falls Church Circuit Court.
- Discovery phase to review all police reports, witness statements, and forensic evidence.
- Pre-trial motions to suppress evidence or dismiss charges.
- Jury trial in Circuit Court or negotiated resolution.
Potential Penalties for Burglary in Falls Church
In Falls Church, burglary under Va. Code § 18.2-90 is a Class 3 felony punishable by 5 to 20 years in prison and a fine up to $100,000. If armed or causing bodily injury, penalties increase.
| 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. |
| Burglary while Armed (Va. Code § 18.2-91) | Class 2 Felony | 20 years to life | Up to $100,000 | None | Mandatory minimum sentences apply. |
| Statutory Burglary (Daytime, etc.) | Class 3 Felony | 5 – 20 years | Up to $100,000 | None | See Va. Code § 18.2-91 et seq. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined legal experience to every case. Our team includes former prosecutors and a former Virginia State Trooper who understand how the other side builds a case. We have achieved 4,739+ case results firm-wide with a 93%+ favorable outcome rate. Our approach is collaborative; for complex felonies like burglary, Mr. Sris, the firm’s managing attorney and a former prosecutor, often consults directly on case strategy.
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 Falls Church
Our firm has a documented track record in Falls Church courts. We have 6 recent results in this jurisdiction: 5 cases dismissed or found not guilty, and 1 charge reduced or amended, representing a 100% favorable outcome rate for these matters. These results stem from thorough case investigation, aggressive pre-trial motions, and skilled negotiation.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Lawyer Near Falls Church, Virginia
Our Fairfax location serves clients at the Falls Church courts (300 Park Avenue). We are accessible via Route 7, Route 29, I-66, and I-495, near the West Falls Church Metro. We provide legal representation to individuals throughout Falls Church.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a key difference. Burglary (Va. Code § 18.2-90) requires entering a dwelling at night with intent to commit a felony, larceny, or assault. Breaking and entering (Va. Code § 18.2-91) can involve any building, day or night, with the same criminal intent. The penalties and elements of proof differ, making the advice of a breaking and entering defense lawyer Falls Church critical.
Can you go to jail for a first-time burglary charge in Falls Church?
Yes. Burglary is a felony with a mandatory prison sentence upon conviction. A Class 3 felony carries 5 to 20 years. However, a skilled burglary lawyer Falls Church may negotiate a reduction to a misdemeanor or secure an alternative disposition like a first-offender program, especially if the evidence is weak or there are mitigating circumstances.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, an illegal search and seizure that violates the Fourth Amendment, consent to enter the property, or insufficient evidence that the entry was “in the nighttime.” A burglary charge defense lawyer Falls Church will investigate all angles.
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 request a lawyer immediately. Anything you say can be used to establish intent, a critical element of burglary. Contact a burglary lawyer Falls Church before speaking with investigators.
How long does a burglary case take in Falls Church?
It depends. A felony case typically takes 3 to 9 months from arrest to resolution in Falls Church Circuit Court. The timeline can be longer if there are complex motions, extensive evidence, or a jury trial. Virginia’s speedy trial rules require a felony trial within 9 months if you are incarcerated.
For more information, see our Virginia Criminal Defense hub page. We also assist clients in nearby areas like Fairfax County. If you are facing other charges, consider our Falls Church DUI lawyer or Falls Church family law attorney.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.