Burglary Lawyer Lexington — Defending Against Breaking and Entering Charges
Burglary in Lexington is a serious felony under Va. Code § 18.2-90, carrying up to life imprisonment. A burglary lawyer Lexington from Law Offices Of SRIS, P.C. is essential to challenge the prosecution’s evidence of unlawful entry and intent. Our firm has documented case results in Lexington and provides 24/7 consultations. Call (888) 437-7747 for immediate help from a burglary charge defense lawyer Lexington.
Last verified: April 2026 | Lexington 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, statutory burglary under § 18.2-91, involves entering a dwelling in the daytime with the same intent, or breaking and entering any building with intent to commit larceny, assault, or other felony. The severity of the charge depends on factors like the type of structure, time of day, and whether the defendant was armed.
In Lexington, these cases are prosecuted by the Commonwealth’s Attorney and heard at the Lexington General District Court for preliminary hearings, with felony trials moving to Lexington Circuit Court. Conviction carries severe, long-term consequences beyond incarceration.
Official Legal Resources
Defending a Burglary Case in Lexington Courts
The key to a strong defense is attacking the prosecution’s proof of two elements: the unlawful entry and the specific criminal intent. In Lexington General District Court, prosecutors must prove you broke and entered and did so with the intent to commit a crime inside. A skilled breaking and entering defense lawyer Lexington can challenge evidence like witness identification, forensic analysis, or the alleged intent.
- Secure Immediate Representation: Contact a burglary lawyer Lexington immediately after arrest or charge. Do not speak to investigators without an attorney.
- Case Analysis & Investigation: Your attorney will review all evidence, police reports, and witness statements to identify weaknesses in the prosecution’s case.
- Preliminary Hearing Strategy: At the Lexington General District Court hearing, your lawyer can challenge the probable cause for the felony charge, potentially getting it reduced or dismissed.
- Negotiation or Trial Preparation: Based on the evidence, your attorney will negotiate for a favorable plea to a lesser charge or prepare a vigorous defense for trial in Lexington Circuit Court.
Potential Penalties for Burglary in Lexington
In Lexington, burglary is a Class 3 felony punishable by 5 to 20 years in prison and a fine up to $100,000. Statutory burglary is a Class 6 felony (1-5 years, or up to 12 months in jail).
| Offense | Classification | Incarceration | Fine | Long-Term Consequences |
|---|---|---|---|---|
| Burglary (Va. Code § 18.2-90) | Class 3 Felony | 5 – 20 years | Up to $100,000 | Permanent felony record, loss of voting rights, firearm possession rights, difficulty securing employment/housing. |
| Statutory Burglary (Va. Code § 18.2-91) | Class 6 Felony | 1 – 5 years (or up to 12 months) | Up to $2,500 | Same as above; considered a crime of moral turpitude. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Lexington Burglary Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience and a track record of over firm-wide 4,739 case results. We understand the high stakes of a felony burglary charge and provide a focused, strategic defense. Our Richmond location serves clients in Lexington and the surrounding communities.
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 achieving favorable outcomes in criminal cases. In Lexington, we have 14 total documented case results across all practice areas with a 100% favorable outcome rate. For example, our team has successfully negotiated reductions of felony charges to misdemeanors and secured dismissals where evidence was lacking. Our secondary attorney on complex criminal cases, Mr. Sris, is a former prosecutor and firm founder with multi-state bar admissions who provides strategic oversight.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Lexington Burglary Defense Lawyers
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Dr Suite 300 Room 359
Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Our Richmond location serves clients at the Lexington courts (2 South Main Street). We provide 24/7 phone consultations and meetings by appointment only. We serve Lexington and surrounding communities.
Burglary Defense FAQs for Lexington, VA
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 (often under § 18.2-91) involves entering any building (day or night) with the same intent. The charges, penalties, and defense strategies differ significantly.
Can you go to jail for a first-time burglary offense in Lexington?
Yes. Burglary is a felony with mandatory prison time upon conviction. Even for a first offense, Virginia sentencing guidelines recommend incarceration. The exact sentence depends on the specifics of the crime and your history, making early intervention by a burglary lawyer Lexington critical.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, lack of evidence proving you were the one who broke in, unlawful search and seizure of evidence, or permission to enter the property. A burglary charge defense lawyer Lexington can evaluate which defenses apply to your case.
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 immediately request a lawyer. Anything you say can be used to establish intent, a core element of the burglary charge. Contact a burglary lawyer Lexington first.
What happens at a preliminary hearing for burglary in Lexington?
The preliminary hearing is held at Lexington General District Court. The prosecutor must show probable cause that a burglary occurred and that you likely committed it. Your attorney can cross-examine witnesses and argue to have the felony charge reduced or dismissed before it goes to Circuit Court for trial.
Related Legal Resources
If you are facing burglary charges, you may also want to learn about Virginia criminal defense. For charges in nearby areas, see our pages for a criminal defense lawyer in Henrico County or a criminal defense lawyer in Chesterfield County. For other legal issues in Lexington, consider a DUI lawyer in Lexington.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.