Burglary Lawyer Arlington County — What Are Your Defense Options?
A burglary charge in Arlington County is a serious felony under Va. Code § 18.2-90, carrying up to life in prison. Law Offices Of SRIS, P.C. has 21 documented results in Arlington County. Our burglary lawyer Arlington County team builds a strong defense by challenging the prosecution’s evidence of intent and unlawful entry. Contact us 24/7 for a case review.
Virginia Burglary Law and Penalties
In Virginia, burglary is defined as entering a dwelling house at night with the intent to commit a felony, larceny, or assault. The statute, Va. Code § 18.2-90, classifies this as a Class 3 felony. If the perpetrator is armed with a deadly weapon, the charge escalates to statutory burglary while armed under § 18.2-91, also a felony. The distinction between night and day is critical, as is the prosecution’s burden to prove the specific intent to commit another crime at the time of entry.
Last verified: April 2026 | Arlington County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the burglary statute, see Va. Code § 18.2-90 (official Virginia General Assembly). Court procedures and filing information can be found on the Arlington County General District Court website.
Defending a Burglary Charge in Arlington County Court
Arlington County prosecutors must prove every element of burglary beyond a reasonable doubt. A common defense strategy involves challenging the evidence of intent. For example, if you entered a property mistakenly or with permission, the required criminal intent may be absent. The procedural steps in Arlington County General District Court for a felony preliminary hearing are specific. First, the court holds a bond hearing. Next, a preliminary hearing is scheduled to determine if probable cause exists. Then, if bound over, the case proceeds to Arlington County Circuit Court for indictment. Finally, pre-trial motions and plea negotiations or trial preparation begin.
- Secure representation immediately after arrest or summons.
- Your attorney will request discovery from the Commonwealth’s Attorney.
- Attend the preliminary hearing in General District Court to challenge probable cause.
- If the case proceeds, develop a defense strategy for Circuit Court, which may include negotiating a plea to a lesser offense or preparing for trial.
Potential Penalties for Burglary in Arlington County
In Arlington County, burglary is a Class 3 felony punishable by 5 to 20 years in prison and a fine up to $100,000. If armed, penalties increase to a mandatory minimum sentence.
| 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 directly | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary While Armed (§ 18.2-91) | Felony | Mandatory minimum, up to life | Up to $100,000 | None directly | Same as above, with enhanced sentencing guidelines. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Arlington County Burglary Cases
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm has over 120 years of combined legal experience and more than firm-wide 4,739 case results. In Arlington County, we have documented favorable outcomes in criminal cases. Our approach is informed by direct knowledge of local court procedures. For a burglary charge defense lawyer Arlington County residents can rely on, our team examines police reports, witness statements, and physical evidence to identify weaknesses in the prosecution’s case.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
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 Arlington County
Our attorneys have achieved documented results in Arlington County courts. For example, we have secured dismissals (nolle prosequi) for charges such as destruction of property and fare evasion in Arlington County General District Court.
Results may vary. Prior results do not guarantee a similar outcome.
Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting, provides strategic oversight on complex cases, ensuring every legal avenue is explored.
Burglary Lawyer Near Arlington County Courthouse
Our Arlington location serves clients at the Arlington County courts (1425 N. Courthouse Rd). We represent individuals in Arlington, Crystal City, Rosslyn, Clarendon, Ballston, Pentagon City, and Shirlington. 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
1655 Fort Myer Dr, Suite 700, Room No. 719
Arlington, VA 22209
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
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 under § 18.2-91 can involve any building, day or night, with the same intent. A breaking and entering defense lawyer Arlington County can explain which statute applies to your case.
Can a burglary charge be reduced to a misdemeanor?
It depends. While burglary is a felony, negotiations with the Arlington County Commonwealth’s Attorney may sometimes lead to a plea agreement for a lesser offense, such as trespass or petit larceny. This depends on the evidence, your criminal history, and the strength of the defense presented by your burglary lawyer Arlington County.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for a non-criminal purpose), mistaken identity, lack of evidence proving you were the perpetrator, unlawful search and seizure that taints the evidence, or having permission to be in the dwelling. An attorney will investigate to find the best defense for your situation.
Do I need a lawyer for a burglary charge in Arlington County?
Yes. Burglary is a serious felony with severe penalties, including lengthy prison sentences. The Arlington County Commonwealth’s Attorney vigorously prosecutes these cases. A burglary charge defense lawyer Arlington County can protect your rights, challenge the evidence, and work toward the best possible outcome.
What happens at a preliminary hearing for burglary?
The preliminary hearing is held in Arlington County General District Court. The prosecutor must show probable cause that a burglary occurred and that you committed it. Your lawyer can cross-examine witnesses and argue to have the charge dismissed if the evidence is insufficient. If the judge finds probable cause, the case is sent to Circuit Court for trial.
Related Legal Resources
If you are facing criminal charges in Virginia, visit our Virginia criminal defense lawyer hub page. For defense in a nearby area, see our criminal defense lawyer in Alexandria. If you have other legal needs in Arlington County, consider our DUI lawyer in Arlington County or family law attorney in Arlington County.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.