Burglary Lawyer Fairfax — What Are Your Defense Options?
Burglary in Fairfax County is a serious felony under Va. Code § 18.2-89, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. has 501 documented results in Fairfax County: 336 dismissed/not guilty, 143 reduced/amended. A burglary lawyer Fairfax can challenge the intent and unlawful entry elements of the charge. Contact us 24/7 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined under Va. Code § 18.2-89 as breaking and entering a dwelling house at night 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 three elements: (1) a breaking, (2) an entering, (3) of a dwelling house, (4) in the nighttime, (5) with the intent to commit a felony, larceny, or assault therein. A conviction is a Class 3 felony.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the statute, see Va. Code § 18.2-89 (official Virginia General Assembly). Court information and procedures can be found at the Fairfax County General District Court website.
Local Court Process for Burglary Charges in Fairfax
In Fairfax County, burglary charges begin with an arrest and a bond hearing before a magistrate. The case then proceeds to the Fairfax County General District Court for a preliminary hearing to determine probable cause. If probable cause is found, the case is certified to the Fairfax County Circuit Court for a felony jury trial. Prosecutors from the Commonwealth’s Attorney’s Office for Fairfax County must prove every element beyond a reasonable doubt. A breaking and entering defense lawyer Fairfax can file motions to suppress evidence obtained without a proper warrant or challenge witness identifications.
- Arrest & Initial Appearance: You will be taken before a magistrate for a bond hearing. An attorney can argue for personal recognizance or a reasonable secured bond.
- Preliminary Hearing: In Fairfax County General District Court, the Commonwealth must show probable cause that a burglary occurred. Your lawyer can cross-examine the arresting officer.
- Circuit Court Arraignment: If certified, you will be formally arraigned in Fairfax County Circuit Court and enter a plea of not guilty.
- Discovery & Motions: Your attorney will review all evidence, file motions to suppress illegal evidence, and negotiate with the prosecutor.
- Plea or Trial: Based on the strength of the evidence, you may accept a plea offer to a lesser charge or proceed to a jury trial.
- Sentencing: If convicted, your lawyer will advocate for the most lenient sentence possible under the Virginia Sentencing Guidelines.
Potential Penalties for Burglary in Fairfax County
In Fairfax County, burglary is a Class 3 felony carrying 5 years to life in prison and a fine of up to $100,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Va. Code § 18.2-89) | Class 3 Felony | 5 years to life | Up to $100,000 | None directly | Permanent felony record, loss of firearm rights, difficulty obtaining employment/housing |
| Statutory Burglary (Daytime/Dwelling) (§ 18.2-91) | Class 3 Felony | 5 years to life | Up to $100,000 | None directly | Same as above |
| Breaking & Entering with Intent (§ 18.2-90) | Class 3 Felony | 5 years to life | Up to $100,000 | None directly | Same as above |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary 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. We understand the high stakes of a felony burglary charge and provide a case-specific defense strategy. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation.
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 Fairfax County
Law Offices Of SRIS, P.C. has 501 documented criminal defense results in Fairfax County, including 336 cases dismissed or found not guilty and 143 charges reduced or amended, resulting in a 97% favorable outcome rate. Our team, including former prosecutor Kristen Fisher and former Virginia State Trooper Bryan Block, has successfully defended clients against serious felony charges. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Local Burglary Defense Services
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Fairfax County courts. As a burglary lawyer near Fairfax, we provide 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only. We serve communities throughout Fairfax County including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
Burglary Defense FAQs
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, larceny, or assault. Breaking and entering (Va. Code § 18.2-91) can involve a dwelling in the daytime or any other building, but also requires the specific intent to commit a crime inside.
Can a burglary charge be reduced to a misdemeanor in Fairfax County?
It depends on the evidence, your criminal history, and the prosecutor’s discretion. A burglary charge defense lawyer Fairfax may negotiate a reduction to a Class 1 misdemeanor like unlawful entry or trespass, which carries a maximum of 12 months in jail instead of a multi-year felony sentence. Successful completion of a first offender program may also lead to dismissal.
What are common defenses to a burglary charge?
Common defenses include lack of intent to commit a crime inside the building, mistaken identity, consent to enter the property, an illegal search and seizure that violated your Fourth Amendment rights, or insufficient evidence that a “breaking” occurred (e.g., an unlocked door).
Do I need a lawyer for a burglary charge in Fairfax?
Yes. Burglary is a Class 3 felony with a potential life sentence. The Commonwealth’s Attorney for Fairfax County will aggressively prosecute. A burglary lawyer Fairfax can protect your rights, challenge evidence, negotiate with prosecutors, and provide a defense at trial. The court will appoint a public defender if you are indigent.
What court hears burglary cases in Fairfax County?
Burglary cases begin with a preliminary hearing in Fairfax County General District Court to establish probable cause. The felony trial is held in Fairfax County Circuit Court, where you have the right to a jury. A breaking and entering defense lawyer Fairfax will represent you in both courts.
Related Legal Information
If you are facing burglary charges, you may also want to learn about Virginia criminal defense. We also assist clients in nearby jurisdictions like Fairfax City and Falls Church. For other legal needs in Fairfax County, consider our services for DUI defense or family law.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.