Burglary Lawyer in Chesapeake, Virginia — What Are Your Defense Options?
A burglary charge in Chesapeake is a serious felony under Va. Code § 18.2-89, carrying up to life in prison. Law Offices Of SRIS, P.C. has 1 documented result in Chesapeake: 1 dismissed/not guilty. Our burglary lawyer Chesapeake team includes former prosecutors who understand how the Commonwealth builds these cases. We provide a strong defense focused on the specific facts of your situation.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-89. The statute makes it a felony to enter a dwelling house at night with intent to commit a felony, larceny, or assault. If the entry occurs in the daytime, it is covered under Va. Code § 18.2-91. The key element the prosecution must prove is your intent at the moment of entry.
Last verified: April 2026 | Chesapeake General District Court | Virginia General Assembly
Official Legal Resources
For the full text of the law, see Va. Code § 18.2-89 (official Virginia General Assembly). Court procedures for Chesapeake are handled at the Chesapeake General District Court for preliminary hearings and the Chesapeake Circuit Court for felony trials.
Local Court Process for a Burglary Charge
In Chesapeake, a burglary charge begins with an arrest and a bond hearing before a magistrate. The case then proceeds to Chesapeake General District Court for a preliminary hearing, where a judge determines if there is probable cause to send the felony charge to Circuit Court. If bound over, the case is indicted by a grand jury and set for a jury trial in Chesapeake Circuit Court. A breaking and entering defense lawyer Chesapeake can challenge the evidence at each stage.
- Secure representation immediately after arrest to advise on the bond hearing.
- Your attorney will file for discovery to obtain all police reports and evidence.
- Prepare a defense strategy for the preliminary hearing in General District Court.
- If the case proceeds, file pre-trial motions in Circuit Court to suppress evidence or challenge the indictment.
- Prepare for plea negotiations or, if necessary, a full jury trial.
Potential Penalties for Burglary in Chesapeake
In Chesapeake, burglary under § 18.2-89 is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000. A burglary charge defense lawyer Chesapeake can work to reduce these severe consequences.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Burglary (Nighttime) | Class 3 Felony | 5-20 years | Up to $100,000 | None | Permanent felony record, loss of firearm rights, difficulty finding employment and housing. |
| Burglary (Daytime) / Statutory Burglary | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | None | Same long-term collateral consequences as any felony conviction. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Founded in 1997, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ case results with a 93%+ favorable outcome rate. We assign former prosecutors and seasoned litigators to build a defense that examines every detail, from the legality of the investigation to the strength of the evidence against you.
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
Our team also includes Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems, which is advantageous in cases involving property or forensic evidence.
Case Results and Client Advocacy
In Chesapeake, our documented case results include 1 dismissed/not guilty outcome. While results may vary, this demonstrates our commitment to achieving the best possible result in every case we handle.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Chesapeake Burglary Defense Team
Our Richmond location serves clients facing charges at the Chesapeake courts. We are accessible via I-64, I-464, and Route 168. If you need a burglary lawyer near Chesapeake City Hall or the Greenbrier area, we can help. We serve Chesapeake, Deep Creek, Great Bridge, and Greenbrier.
We offer 24/7 phone consultations. Meetings are by appointment only.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only.
Frequently Asked Questions: Burglary Charges in Chesapeake
What is the penalty for burglary in Chesapeake, Virginia?
Burglary at night (Va. Code § 18.2-89) is a Class 3 felony with 5 to 20 years in prison and a fine up to $100,000. Daytime burglary is a Class 6 felony with 1-5 years. A burglary lawyer Chesapeake can explain how these penalties apply to your case.
Can you beat a burglary charge in Virginia?
It depends. Defenses often challenge the intent element or the legality of the evidence. Without proof you intended to commit a crime inside, the charge may be reduced or dismissed. An experienced breaking and entering defense lawyer Chesapeake can identify weaknesses in the prosecution’s case.
Is burglary a felony in Virginia?
Yes. All forms of burglary are felonies in Virginia. The severity ranges from Class 6 to Class 3 felonies, all carrying potential state prison time and creating a permanent criminal record.
What’s the difference between burglary and breaking and entering?
In Virginia, “breaking and entering” generally refers to entering a non-dwelling (like a store) to commit a crime, often a misdemeanor. Burglary specifically involves entering a dwelling house with felonious intent. The charges and penalties differ significantly.
Do I need a lawyer for a burglary charge in Chesapeake?
Yes. The penalties are severe and the legal process is complex. A burglary charge defense lawyer Chesapeake protects your rights, negotiates with prosecutors, and builds a defense aimed at avoiding a lifelong felony conviction.
Related Legal Information
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you are facing other charges in Chesapeake, we can help with DUI/DWI or reckless driving matters.
Page last verified and updated: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.