Burglary Defense Lawyer Madison County — What Are Your Defense Options?
Burglary in Madison County is a serious felony under Va. Code § 18.2-90, carrying 5 years to life in prison. A burglary defense lawyer Madison County from Law Offices Of SRIS, P.C. can challenge the prosecution’s evidence of unlawful entry and intent. Our firm has 45 documented case results in Madison County across all practice areas. Contact us 24/7 for a case review.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-90 as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The statute is strictly interpreted, requiring the prosecution to prove both the unlawful entry and the specific criminal intent beyond a reasonable doubt. Breaking and entering defense lawyer Madison County representation is critical because even a related charge like breaking and entering under § 18.2-91 is a Class 6 felony.
Last verified: April 2026 | Madison 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 information, including forms and procedures, is available at the Madison County General District Court website.
Defending a Burglary Charge in Madison County
In Madison County, prosecutors must prove you entered a dwelling at night without permission and with felonious intent. A common defense is challenging the evidence of intent, as mere presence is insufficient. The local procedural fact is that all felony preliminary hearings, including for burglary, are held at Madison County General District Court before potentially moving to Circuit Court for trial.
- Initial Consultation & Case Analysis: Discuss the arrest details and police report with your attorney to identify weaknesses in the prosecution’s case.
- Preliminary Hearing in GDC: Attend the hearing at Madison County General District Court where the judge determines if there is probable cause to send the felony charge to Circuit Court.
- Discovery & Motion Phase: Your attorney will review all evidence, file motions to suppress illegally obtained evidence, and challenge the prosecution’s legal theory.
- Plea Negotiation or Trial Preparation: Based on the evidence, your lawyer will negotiate for a reduction (e.g., to trespass) or prepare a vigorous defense for a Circuit Court jury trial.
Burglary Penalties in Madison County
In Madison County, burglary under Va. Code § 18.2-90 is a Class 3 felony punishable by 5 to 20 years in prison and a fine up to $100,000. Statutory burglary under § 18.2-91 is a Class 6 felony (1-5 years, or up to 12 months).
| 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 | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary (Breaking & Entering) (§ 18.2-91) | Class 6 Felony | 1-5 years (or up to 12 months) | Up to $2,500 | None | Permanent felony record, loss of firearm rights. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our attorneys bring a combined 120+ years of legal experience and a track record of 4,739+ case results firm-wide. In Madison County, we have 45 documented case results across all practice areas. Our approach is grounded in a deep understanding of Virginia criminal law and local court procedures.
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
Our firm has achieved favorable outcomes in numerous criminal cases. For example, we have secured amendments from serious charges like driving on a suspended license to non-criminal violations, and dismissals (nolle prosequi) for charges such as destruction of property. In Madison County, we have 45 total documented case results across all practice areas with a 100% favorable outcome rate.
Results may vary. Prior results do not guarantee a similar outcome.
Our team, including former prosecutor Kristen Fisher and former Virginia State Trooper Bryan Block, works collaboratively to build strong defenses. Mr. Sris, the firm’s founder, provides strategic oversight on complex matters.
Contact Our Madison County Burglary Defense Lawyers
Our Fairfax location serves clients in Madison County. We are approximately 1 hour from the Madison County Courthouse via Route 29. We are a burglary charge defense lawyer Madison County resource for communities throughout the county.
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.
Frequently Asked Questions
What is the penalty for burglary in Madison County, Virginia?
Burglary (Va. Code § 18.2-90) is a Class 3 felony punishable by 5 to 20 years in prison and a fine up to $100,000. The related charge of breaking and entering (§ 18.2-91) is a Class 6 felony with 1-5 years. All felonies create a permanent criminal record.
What’s the difference between burglary and breaking and entering in Virginia?
It depends on the specific statute and evidence. Traditional burglary (§ 18.2-90) requires entry into a dwelling at night with felonious intent. Statutory burglary or breaking and entering (§ 18.2-91) involves entering a building to commit certain crimes, regardless of time. A breaking and entering defense lawyer Madison County can explain the nuances of your specific charge.
Can you get probation for a burglary charge in Virginia?
Yes, probation is possible, especially for first-time offenders or in cases with strong mitigating factors. However, burglary is a serious felony, and incarceration is common. The outcome heavily depends on the facts, your history, and the skill of your burglary defense lawyer Madison 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 unlawful entry (you had permission), and insufficient evidence. Challenging the legality of the police investigation (e.g., illegal search) can also lead to suppressed evidence and a weakened case.
Do I need a lawyer for a burglary charge in Madison County?
Yes. Burglary is a felony with severe, life-altering penalties. The Commonwealth’s Attorney will vigorously prosecute. A burglary charge defense lawyer Madison County is essential to protect your rights, challenge evidence, negotiate for reduced charges, or prepare for trial.
Related Legal Information
If you are facing criminal charges in Madison County, you may also need information about Virginia criminal defense. For charges in nearby areas, consider a criminal defense lawyer in Fairfax County. For other legal needs in Madison County, explore 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.