Burglary Defense Lawyer Virginia Beach — Protecting Your Rights
A burglary charge in Virginia Beach is a serious felony under Va. Code § 18.2-90, carrying severe penalties. Law Offices Of SRIS, P.C. provides a strong defense for those accused of breaking and entering. Our burglary defense lawyer Virginia Beach has documented case results in the area. Contact us 24/7 for a consultation by appointment.
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by statute as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The law distinguishes between burglary and statutory burglary (breaking and entering). A conviction can result in lengthy prison terms and a permanent felony record.
Last verified: April 2026 | Virginia Beach General District Court | Virginia General Assembly
Official Legal Resources
For the official text of the burglary statute, see Va. Code § 18.2-90 (official Virginia General Assembly). Court procedures and filings are handled at the Virginia Beach General District Court website.
Virginia Beach Court Process for Burglary Charges
Burglary cases in Virginia Beach begin with an arrest and bond hearing. The case proceeds to a preliminary hearing in General District Court to determine probable cause. If bound over, a felony indictment is sought in Circuit Court for a jury trial. Prosecutors from the Commonwealth’s Attorney’s office handle these cases aggressively.
- Secure legal representation immediately after arrest or upon receiving a warrant.
- Attend the bond hearing at the Virginia Beach Magistrate’s Office or jail.
- Prepare for and attend the preliminary hearing at Virginia Beach General District Court (2425 Nimmo Parkway).
- If the case is certified to Circuit Court, file pre-trial motions and engage in discovery.
- Negotiate with the Commonwealth’s Attorney for a potential plea agreement or reduction.
- Proceed to a jury trial in Virginia Beach Circuit Court if no acceptable resolution is reached.
Potential Penalties for Burglary in Virginia
In Virginia Beach, burglary is a Class 3 felony punishable by 5 to 20 years in prison and a fine of up to $100,000. Statutory burglary (breaking and entering) carries 2 to 20 years.
| 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 (Breaking & Entering) | Class 3 Felony | 2 – 20 years (or up to 12 months if reduced to misdemeanor) | Up to $100,000 | None directly | Same as above; often charged alongside larceny. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes 4,739+ documented case results with a 93%+ favorable outcome rate. We understand the high stakes of a burglary charge and build defenses focused on challenging intent, evidence, and procedural errors.
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 attorneys have achieved favorable outcomes in serious criminal cases. For example, we have successfully amended charges of driving on a suspended license to a non-driving offense in Albemarle County GDC. In federal court, we have secured favorable dispositions in probation violation cases, resulting in minimal incarceration and termination of probation.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Burglary Defense Lawyer Virginia Beach
Our Richmond location serves clients facing charges in Virginia Beach courts. We are accessible via I-264, I-64, and Route 44. We are your local burglary charge defense lawyer Virginia Beach, serving Virginia Beach, Sandbridge, and Oceana.
Law Offices Of SRIS, P.C. — Richmond
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804)201-9009
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the difference between burglary and breaking and entering in Virginia Beach?
It depends. Traditional burglary under Va. Code § 18.2-90 requires entering a dwelling at night with intent to commit a felony. Statutory burglary or “breaking and entering” under § 18.2-91 can involve any building, day or night, with the same intent. The specific facts of your case determine the charge and its penalties.
Can a burglary charge be reduced to a misdemeanor in Virginia Beach?
Yes, in some cases. A breaking and entering defense lawyer Virginia Beach may negotiate to amend a felony burglary charge to a misdemeanor offense like trespassing or destruction of property, depending on the evidence, the defendant’s record, and the circumstances. This can avoid a felony conviction.
What are the defenses to a burglary charge?
Common defenses include lack of intent to commit a felony, mistaken identity, unlawful search and seizure of evidence, consent to enter the property, or insufficient evidence proving you were the perpetrator. A burglary defense lawyer Virginia Beach will investigate all possible defenses.
Do I need a lawyer for a burglary charge in Virginia Beach?
Yes. Burglary is a serious felony with mandatory prison time upon conviction. The Commonwealth’s Attorney will prosecute aggressively. An experienced burglary charge defense lawyer Virginia Beach is essential to protect your rights, challenge the evidence, and seek the best possible outcome.
What happens at a preliminary hearing for burglary?
The preliminary hearing is held in Virginia Beach 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 probable cause is found, the case goes to Circuit Court for trial.
Internal Resources
For more information, visit our Virginia Criminal Defense hub page. We also assist clients in nearby areas like Henrico County. If you are facing other charges, consider our Virginia Beach DUI lawyer services.
Last verified: April 2026. Information is subject to change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.
