Burglary Lawyer Fauquier County — What Are Your Defense Options?
Burglary in Fauquier County is a serious felony under Va. Code § 18.2-89, punishable by up to life in prison. Law Offices Of SRIS, P.C. has 1 documented result in Fauquier County. A burglary lawyer Fauquier County from our firm can challenge the prosecution’s evidence and protect your rights. Contact us 24/7 for a consultation by appointment.
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 § 18.2-89 as breaking and entering a dwelling house at night with intent to commit a felony, larceny, or assault. This is a Class 3 felony, carrying a potential sentence of 5 to 20 years in prison and a fine of up to $100,000. If the perpetrator is armed with a deadly weapon, the charge escalates to statutory burglary while armed under § 18.2-90, a more severe felony. The prosecution must prove every element beyond a reasonable doubt, including the specific intent at the time of entry.
For official statute text, see Va. Code § 18.2-89 (official Virginia General Assembly). Court information is available at the Fauquier County General District Court website.
- Secure immediate legal representation after arrest or charge.
- Your attorney will file for discovery to review all prosecution evidence.
- We will investigate the scene, witness statements, and police procedures for weaknesses.
- File pre-trial motions to suppress evidence obtained improperly.
- Negotiate with the Commonwealth’s Attorney for a reduction or dismissal based on the evidence.
- Prepare for trial in Fauquier County Circuit Court if a fair plea cannot be reached.
In Fauquier County, a burglary conviction carries a mandatory prison sentence and 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 | N/A | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Burglary while Armed (Va. Code § 18.2-90) | More Severe Felony | Mandatory minimum sentence applies | Up to $100,000 | N/A | All of the above, with significantly enhanced penalties. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Fauquier County Burglary Defense Team
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 approach to defending a burglary charge in Fauquier County is grounded in a detailed understanding of local court procedures and prosecutorial tactics. We know that a burglary charge defense lawyer Fauquier County must meticulously dissect the evidence of intent and entry.
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
Our firm has a documented result in Fauquier County. For complex cases, Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems, provides strategic oversight. This collaborative model ensures every client receives a vigorous defense.
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.
Our Fairfax location serves clients at the Fauquier County courts on 6 Court Street in Warrenton, accessible via I-66, Route 29, and Route 17. If you need a burglary lawyer near Warrenton or The Plains, we are here to help. We serve communities including Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Frequently Asked Questions: Burglary Charges in Fauquier County
What is the difference between burglary and breaking and entering in Virginia?
Yes, there is a major difference. Burglary (Va. Code § 18.2-89) requires breaking and entering a dwelling at night with intent to commit a felony, larceny, or assault. Breaking and entering (Va. Code § 18.2-91) generally applies to non-dwellings or lacks the specific intent element, and is often a lesser charge. A breaking and entering defense lawyer Fauquier County can argue for the reduced charge.
Can you go to jail for a first-time burglary offense in Fauquier County?
Yes. Burglary is a Class 3 felony with a statutory prison range of 5 to 20 years. While judges have discretion, Virginia sentencing guidelines and the serious nature of the crime make incarceration a likely outcome for a conviction, even for first-time offenders.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, lack of evidence for a “breaking,” consent to enter, and challenging the legality of the evidence collection. An experienced burglary charge defense lawyer Fauquier County will investigate all angles.
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. Cases are heard at Fauquier County General District Court (6 Court Street, Warrenton).
Do I need a criminal defense lawyer for a burglary charge in Fauquier County?
Absolutely. The penalties are severe and permanent. The Commonwealth’s Attorney vigorously prosecutes these cases. Having a burglary lawyer Fauquier County from SRIS, P.C. ensures your rights are protected and every defense is explored. Call (888) 437-7747 24/7.
Related Legal Resources
If you are facing charges in Fauquier County, you may also need information on Virginia criminal defense. For charges in nearby areas, see our pages for Fairfax County criminal defense and Prince William County criminal defense. For other legal issues in Fauquier County, consider our services for DUI defense or family law matters.
Last verified: April 2026. Information is subject to change. Consult an attorney for current legal advice.