Burglary Lawyer Fairfax County — Defending Breaking and Entering 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. has 501 documented criminal defense results in Fairfax County, including cases for breaking and entering. A strong defense requires immediate action to protect your rights and future.
Virginia Burglary Law and Penalties
Burglary, defined in Virginia as breaking and entering a dwelling house at night with intent to commit a felony, is a Class 3 felony. The statute, Va. Code § 18.2-89, outlines the severe penalties associated with this charge. A conviction can result in a prison sentence of 5 to 20 years and a fine of up to $100,000. The prosecution must prove beyond a reasonable doubt that you broke and entered, that it was a dwelling house, that it occurred at night, and that you had the intent to commit a felony inside.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the official Virginia statute on burglary, refer to the Virginia Legislative Information System (Va. Code § 18.2-89). Court procedures and information for Fairfax County can be found on the Fairfax County General District Court website.
Defending a Burglary Charge in Fairfax County
In Fairfax County, the Commonwealth’s Attorney vigorously prosecutes burglary charges. A key local procedural fact is that many burglary cases begin with a preliminary hearing in Fairfax County General District Court before potentially moving to Circuit Court for a jury trial. The defense strategy often hinges on challenging the evidence of intent or the element of “breaking.” For instance, entering through an unlocked door may not constitute a “break.” A burglary charge defense lawyer Fairfax County will scrutinize police reports, search warrants, and witness statements for constitutional violations or inconsistencies.
- Secure Immediate Representation: Contact a burglary lawyer Fairfax County immediately after arrest or charge. Do not speak to investigators without an attorney.
- Case Analysis & Investigation: Your attorney will obtain discovery, review all evidence, and investigate the scene and witnesses to identify weaknesses in the prosecution’s case.
- Preliminary Hearing Strategy: At the General District Court hearing, your lawyer will challenge probable cause, potentially getting charges reduced or dismissed before trial.
- Negotiation & Trial Preparation: Based on the evidence, your attorney will negotiate with the prosecutor for a favorable plea or prepare a strong defense for a Circuit Court jury trial.
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, with enhanced penalties for armed burglary.
| 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 (e.g., with weapon) | Class 2 Felony | 20 years to life | Up to $100,000 | None directly | Same as above, with significantly longer mandatory minimum sentences. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Fairfax County Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide track record includes 4,739+ case results with a 93%+ favorable outcome rate. In Fairfax County specifically, we have documented 501 criminal defense results. Our team includes former prosecutors and a former Virginia State Trooper, providing unique insight into how the other side builds cases. Mr. Sris, the firm’s founder, has personally amended Virginia law, demonstrating a deep understanding of legal statutes and procedure.
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 in Fairfax County
Our documented results in Fairfax County include 501 criminal cases with outcomes ranging from dismissals to charge reductions. For example, we have secured favorable resolutions in cases involving charges like obtaining money under false pretenses, where felony charges were reduced to misdemeanors. Each case is unique, and our burglary lawyer Fairfax County team works diligently to achieve the best possible outcome based on the specific facts and evidence.
Results may vary. Prior results do not guarantee a similar outcome.
Burglary Defense Lawyer Near Fairfax County
Our Fairfax location serves clients at the Fairfax County courts. We are a local burglary lawyer near Fairfax County, accessible to residents in Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. We offer 24/7 phone consultations — meetings are by appointment only.
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.
Fairfax County 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 breaking and entering a dwelling house at night with intent to commit a felony. “Breaking and entering” generally refers to entering a building without authority, but without the specific elements of a dwelling, night time, or felonious intent, and may be charged as a lesser offense.
Can a burglary charge be reduced to a misdemeanor?
It depends on the facts of the case, the defendant’s criminal history, and the strength of the evidence. A skilled breaking and entering defense lawyer Fairfax County can negotiate with prosecutors to reduce a felony burglary charge to a misdemeanor like unlawful entry or trespass, especially for first-time offenders or cases with weak evidence of intent.
What should I do if I am arrested for burglary in Fairfax County?
First, remain silent and ask for a lawyer immediately. Do not answer any questions without your attorney present. Then, contact a burglary charge defense lawyer Fairfax County as soon as possible. An attorney can advise you on your rights, begin investigating the case, and represent you at your bond hearing and arraignment.
What are the defenses to a burglary charge?
Common defenses include lack of intent to commit a felony, mistaken identity, alibi, unlawful search and seizure, or that the entry did not constitute a “breaking” (e.g., the door was open). Your attorney will analyze the evidence to identify the strongest defense strategy for your situation.
Do I need a lawyer for a burglary charge?
Yes. Burglary is a serious felony with life-altering penalties. The legal process is complex, and the prosecution has significant resources. A burglary lawyer Fairfax County is essential to protect your rights, challenge the evidence, and fight for the best possible outcome, whether through negotiation or at trial.
Related Pages: For other legal issues in Fairfax County, see our pages on DUI defense and family law. For criminal defense across Virginia, visit our state hub page.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your burglary charge, contact Law Offices Of SRIS, P.C. at (888) 437-7747.