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 from our firm can challenge the prosecution’s evidence of unlawful entry and intent. Call (888) 437-7747 for a 24/7 consultation.
Virginia Burglary Law and Penalties
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Burglary, defined under Va. Code § 18.2-89, is the breaking and entering of a dwelling house at night with intent to commit a felony, larceny, or assault. It is a Class 3 felony, punishable by 5 to 20 years in prison and a fine of up to $100,000. If the offender is armed with a deadly weapon, the charge becomes statutory burglary while armed (§ 18.2-90), a more severe offense. The prosecution must prove each element—breaking, entering, nighttime, and specific criminal intent—beyond a reasonable doubt. Founded in 1997 by former prosecutor Mr. Sris, our firm understands how these charges are constructed and how to defend against them.
Local Court Process and Defense Strategy
In Fairfax County, burglary cases begin with an arrest and bond hearing before a magistrate. The case is then presented to a grand jury at the Fairfax County Circuit Court for indictment. A breaking and entering defense lawyer Fairfax from our team will immediately scrutinize the warrant, search procedures, and witness statements. Prosecutors must prove you had the intent to commit a crime at the moment of entry, which is often a weak point in their case.
- Initial Consultation & Case Review: Contact us 24/7. We analyze the arrest report and charges.
- Investigation & Evidence Challenge: We examine search warrants, police reports, and forensic evidence for constitutional violations.
- Pre-Trial Motions: We file motions to suppress illegally obtained evidence or dismiss charges due to lack of probable cause.
- Negotiation & Trial Preparation: We negotiate with the Commonwealth’s Attorney for reduction or dismissal. If no fair offer is made, we prepare for a jury trial in Circuit Court.
- Trial & Sentencing Advocacy: We present a vigorous defense at trial, focusing on reasonable doubt. If convicted, we advocate for the most lenient sentence possible.
Potential Penalties for Burglary in Fairfax
In Fairfax County, burglary is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000. A conviction 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 | None | Permanent felony record; loss of firearm rights; difficulty finding employment/housing. |
| Statutory Burglary (Armed) (§ 18.2-90) | Class 2 Felony | 20 years to life | Up to $100,000 | None | Mandatory minimum sentences apply; severe long-term consequences. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Fairfax Burglary Defense Team
Law Offices Of SRIS, P.C. was founded in 1997. Our combined attorney experience exceeds 120 years, with over 4,739 case results firm-wide and a 93%+ favorable outcome rate. Our “Advocacy Without Borders” philosophy means we use every available resource to defend you. Mr. Sris, the firm’s founder and a former prosecutor, personally amended Virginia’s equitable distribution statute (Va. Code § 20-107.3), demonstrating a deep understanding of state law and legislative process that benefits all our clients.
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
Documented Case Results in Fairfax County
Our firm has a documented track record in Fairfax County courts. We have achieved 501 results for clients in this locality: 336 cases dismissed or found not guilty, 143 charges reduced or amended, and 5 other favorable outcomes, representing a 97% favorable outcome rate. For example, our team has successfully argued for reduced charges in felony property crime cases. Results may vary. Prior results do not guarantee a similar outcome.
Secondary attorney Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems, provides strategic oversight on complex cases involving financial or evidentiary challenges.
Burglary Lawyer Near Fairfax County Courts
Our Fairfax location serves clients at the Fairfax County General District Court (4110 Chain Bridge Road) and Fairfax County Circuit Court. As a burglary charge defense lawyer Fairfax, we are accessible to communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area.
24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (703) 636-5417 — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
By appointment only.
Fairfax 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 (§ 18.2-91) generally applies to other buildings (like businesses) or can be a lesser-included offense without the “nighttime” or “dwelling” element. A breaking and entering defense lawyer Fairfax can argue for the lesser charge.
Can a burglary charge be reduced to a misdemeanor in Fairfax?
It depends. While burglary is a felony, a skilled burglary lawyer Fairfax may negotiate a reduction to a misdemeanor like unlawful entry or trespass, depending on the evidence, your criminal history, and the specifics of the case. This often involves challenging the proof of intent or the “breaking” element.
What are common defenses to a burglary charge?
Common defenses include lack of intent (you entered for another reason), mistaken identity, lack of a “breaking” (you entered through an open door), consent to enter, and unlawful search and seizure. A burglary charge defense lawyer Fairfax will investigate all possible defenses.
Do I need a lawyer for a burglary charge in Fairfax County?
Yes. Burglary is a serious felony with mandatory prison time upon conviction. The Fairfax County Commonwealth’s Attorney vigorously prosecutes these cases. An experienced burglary lawyer Fairfax is essential to protect your rights, challenge evidence, and work toward the best possible outcome.
What happens at a preliminary hearing for burglary?
The preliminary hearing is held in Fairfax County General District Court. The prosecution must show probable cause that a burglary occurred and that you committed it. This is a critical stage where your attorney can cross-examine witnesses and potentially get the charge dismissed if the evidence is weak.
Related Legal Resources
If you are facing burglary charges, you may also need information on: Virginia Criminal Defense Lawyer, Burglary Lawyer Fairfax City, or Fairfax Theft Defense Lawyer.
Page last verified and updated: April 2026. Laws change frequently. For the most current advice regarding your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.