Burglary Defense Lawyer Near Me
If you are searching for a burglary defense lawyer near Fairfax, Virginia, your situation is urgent. A burglary charge in Virginia is a serious felony offense that can lead to years of imprisonment, substantial fines, and a permanent criminal record. Law Offices Of SRIS, P.C. Concentrates its practice on criminal defense, including burglary matters, and our location in Fairfax is ready to assist you. Mr. Sris, Owner and Founder, and his Of Counsel team bring over 120 years of combined legal experience to the representation of individuals facing burglary allegations. Results may vary. We understand how the Fairfax County courts operate and work to build a thorough defense for each client. To discuss your case and learn how we can help, reach our Fairfax location at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Facing a Burglary Charge in Fairfax? Here’s What You Need to Know
Burglary is prosecuted actively in Virginia. If you are charged in Fairfax County, Fairfax City, or Falls Church, your case will likely proceed in the Fairfax County General District Court for a preliminary hearing before moving to the Fairfax County Circuit Court for trial if it is a felony. The Commonwealth’s Attorney brings these cases, and a conviction can result in a prison sentence of five to twenty years, depending on the classification. The consequences extend beyond the courtroom: a burglary conviction can affect your employment, professional licenses, housing opportunities, and even your immigration status if you are not a U.S. Citizen. Because the stakes are so high, it is critical to have an experienced criminal defense lawyer who knows the local court system and how prosecutors build their cases.
Our firm represents clients at the Fairfax County courthouse (4110 Chain Bridge Road) and the Fairfax City courthouse (10455 Armstrong Street). Mr. Sris and his Of Counsel team have handled numerous criminal matters in these courts. We understand the procedural rhythms, the expectations of the judiciary, and the importance of moving quickly to investigate the facts. Early involvement by a defense attorney can mean the difference between a charge being dismissed or reduced and a conviction that follows you for life.
Understanding Burglary Offenses in Virginia
Virginia law distinguishes between common‑law burglary and statutory burglary. Common‑law burglary involves breaking and entering the dwelling house of another at night with the intent to commit a felony or any larceny inside. Statutory burglary, codified in sections 18.2‑90 through 18.2‑93 of the Virginia Code, broadens the offense to include entering a variety of structures, during the day or night, with specific criminal intents. The classification and punishment vary depending on whether the building was occupied, whether the accused was armed, and whether the entry was made with the intent to commit a felony other than larceny.
Common‑law burglary under Virginia Code § 18.2‑89 is a Class 3 felony, punishable by five to twenty years in prison.
Source: Va. Code Ann. § 18.2‑89. Virginia Code § 18.2‑89
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Statutory burglary may be charged as a Class 2 felony (twenty years to life) when the accused was armed with a deadly weapon, or a Class 3 felony if the structure was a dwelling house and the entry was at night. Other forms of statutory burglary are Class 5 felonies or Class 1 misdemeanors, depending on the circumstances. The specific charge you face will determine the maximum penalty and the court’s sentencing discretion. An attorney who understands these distinctions can identify weaknesses in the prosecution’s case and argue for a reduction or dismissal.
How Mr. Sris and His Of Counsel Handle Burglary Defense Cases
When you engage Law Offices Of SRIS, P.C. for a burglary defense, we begin by examining every detail of the accusation: the alleged entry, the intent attributed to you, the identification procedures, and the handling of evidence. Mr. Sris, a former prosecutor, and his Of Counsel team, including a former Virginia state trooper, bring a unique perspective. They know how police investigations are conducted and how prosecutors build cases. This inside knowledge is applied to challenge procedural missteps, suppress improperly obtained evidence, and negotiate with the Commonwealth’s Attorney.
We appear with you at every court hearing. For a felony burglary charge, the process starts with a preliminary hearing in the General District Court, where we can test the prosecution’s evidence and argue that probable cause is lacking. If the charge is certified to the Circuit Court, we prepare for trial, file motions, and explore every possible defense: mistaken identity, lack of intent, permission to enter, or a factual dispute about the elements of the crime. Throughout the proceeding, we advise you on the likely outcomes and help you decide whether to accept a plea offer or proceed to trial. Our goal is to protect your record and your freedom.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. A former prosecutor, he concentrates his practice on criminal defense and has handled serious felony matters in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Alongside Mr. Sris, the Of Counsel team brings over a century of combined courtroom experience. Every attorney in the firm has more than a decade of practice. The team’s backgrounds in prosecution, law enforcement, and trial work give us the insight to build a well‑prepared defense. We handle cases collaboratively, which means you benefit from the knowledge of multiple attorneys focused on your matter. Across the firm, Mr. Sris and his Of Counsel have documented 4,739+ case results since 1997. Results may vary.
Frequently Asked Questions
What is the penalty for burglary in Virginia?
Burglary in Virginia is a felony, and the penalty depends on the specific charge: a Class 3 felony carries five to twenty years; a Class 2 felony, punishable by twenty years to life; and a Class 5 felony, one to ten years. Misdemeanor burglary exists only for certain limited statutory offenses. The classification hinges on factors such as whether the building was a dwelling, whether it was occupied, and whether the accused was armed. In addition to incarceration, a conviction can bring a substantial fine and a permanent felony record.
Do I need a lawyer for a burglary charge in Fairfax?
Yes. Even a first‑time burglary arrest in Fairfax can result in years of prison time and a lifelong felony record. The Commonwealth’s Attorney is experienced; you should not face the court alone. A lawyer can challenge the arrest, investigate the evidence, and advocate for a reduction or dismissal. Early representation is particularly important because once a case moves to the Circuit Court, options narrow.
How does a Virginia lawyer defend against burglary charges?
Defense strategies may include challenging whether a “breaking” or “entering” occurred, disputing the intent element, or showing that the entry was lawful. A lawyer will also examine whether the police obtained evidence properly, whether identification procedures were reliable, and whether any witness statements are inconsistent. In Virginia, plea bargaining is permitted under Supreme Court Rule 3A:8, and the Commonwealth’s Attorney may agree to amend charges to a lesser offense if the facts support it.
What is the difference between common‑law burglary and statutory burglary?
Common‑law burglary requires breaking and entering a dwelling at night with intent to commit a felony; statutory burglary expands the offense to include other structures, daytime entries, and additional criminal intents. The statutory versions are found in Virginia Code sections 18.2‑90 through 18.2‑93. Because the definitions and penalties differ, the exact charge matters greatly. An attorney can explain which category your case falls into and what defenses might apply.
Can burglary charges be reduced or dismissed in Virginia?
Burglary charges can sometimes be reduced to a lesser felony or misdemeanor, or dismissed entirely, if the evidence is weak or constitutional issues exist. For example, if the police lacked probable cause to arrest you, a motion to suppress can lead to dismissal. In some cases, the prosecutor may agree to amend a Class 3 felony to a Class 5 felony or a misdemeanor like trespassing, if that outcome is supported by the facts. Every case is different; your lawyer will advise you on the realistic possibilities after reviewing the discovery.
What should I do if I am arrested for burglary in Fairfax?
If you are arrested, remain silent aside from providing basic identification, and ask to speak with an attorney. Do not discuss the incident with anyone other than your lawyer. Anything you say to police or fellow detainees can be used against you. Contact a criminal defense lawyer as soon as possible so that they can protect your rights during the critical early hours, including at the initial arraignment where bond may be set.
How long does a burglary case take in Fairfax courts?
The timeline varies by case complexity and the court’s calendar. A preliminary hearing in the General District Court is typically scheduled within a few months of arrest. If the charge is certified, the Circuit Court trial may occur several months later, though delays can result from motions, continuances, or plea negotiations. Your attorney will keep you informed as the case progresses.
Will a burglary conviction stay on my record in Virginia?
A burglary conviction is a felony and remains on your criminal record permanently, with very limited possibilities for expungement. Virginia law allows expungement only for charges that are dismissed, nolle prossed, or result in an acquittal. For a conviction, the record is public and can affect employment, housing, and civil rights. Avoiding a conviction is therefore a primary goal of the defense.
How do I find a burglary defense lawyer near Fairfax?
Look for a lawyer who practices criminal defense in Fairfax County and has experience with felony trials. The lawyer should be admitted to the Virginia bar and familiar with the local courts. You can review the attorney’s background, read about past case results (keeping in mind that Results may vary.), and schedule a consultation to discuss your case. Law Offices Of SRIS, P.C. offers consultations by appointment; call (888) 437‑7747 to speak with us.
What happens at a preliminary hearing for burglary in Virginia?
At the preliminary hearing in the General District Court, the Commonwealth must show probable cause that a felony was committed and that you are the person who committed it. This is not the trial; the standard is lower than beyond a reasonable doubt. Your attorney can cross‑examine the prosecution’s witnesses and argue that the evidence is insufficient. If probable cause is found, the case is certified to the Circuit Court for trial. If it is not found, the charge may be dismissed or reduced.
Does Law Offices Of SRIS, P.C. handle burglary cases outside Fairfax County?
Yes, Mr. Sris and his Of Counsel represent clients throughout Northern Virginia, including Arlington, Loudoun, Prince William, Stafford, and Alexandria, as well as in Maryland, D.C., New Jersey, and New York. We are a multi‑state practice, and our familiarity with Virginia’s burglary statutes extends across jurisdictions. If your case is in a neighboring county, we can discuss how our experience applies to your situation.
Can I be charged with burglary if I entered a building with permission?
You generally cannot be convicted of burglary if you had permission to enter the building, because burglary requires an unlawful entry. However, permission does not protect you if you exceeded the scope of that permission – for example, entering a closed‑off area without authorization or remaining after being told to leave. The specific facts determine whether the entry was unlawful. An attorney can evaluate whether consent is a viable defense in your case.
Related Pages
Virginia criminal defense practice ·
Fairfax criminal defense lawyer ·
Virginia burglary defense lawyer ·
Fairfax theft defense lawyer ·
Felony defense in Fairfax County
Authoritative Sources
Virginia Code Title 18.2 – Crimes and Offenses ·
Virginia’s Judicial System
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
By appointment. Call (888) 437‑7747 to schedule.
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.
