
Burglary Defense Lawyer Madison County — Protecting Your Rights
A burglary charge in Madison County 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 Madison County team has documented results in the local courts. Contact us 24/7 at (888) 437-7747 for a consultation by appointment.
Last verified: April 2026 | Madison County General District Court | Virginia General Assembly
Virginia Burglary Law and Penalties
In Virginia, burglary is defined as entering a dwelling house at night with intent to commit a felony, larceny, or assault, or entering any building with intent to commit a misdemeanor involving theft, assault, or property damage. The primary statute is Va. Code § 18.2-90. A conviction for breaking and entering a dwelling at night is a Class 3 felony, punishable by 5 to 20 years in prison and a fine up to $100,000. Other forms of burglary can be Class 2, 3, or 4 felonies. The specific charge depends on the type of building entered, the time of day, and the intent.
Our firm, founded in 1997 by former prosecutor Mr. Sris, brings deep experience to these complex cases. A burglary charge defense lawyer Madison County must understand the nuances of proving intent and unlawful entry, which are often the key points of defense.
Local Court Process and Defense Strategy
Burglary cases in Madison County begin with an arrest and an initial appearance at the Madison County General District Court at 1 Main Street. This court holds the preliminary hearing to determine if there is probable cause to send the felony case to the Madison County Circuit Court for trial. The Commonwealth’s Attorney for Madison County prosecutes these cases.
- Initial Consultation: Contact a burglary defense lawyer immediately after arrest to discuss the details of the accusation and your rights.
- Preliminary Hearing: Your attorney will represent you at the General District Court hearing to challenge probable cause and seek to have charges reduced or dismissed.
- Circuit Court Proceedings: If the case proceeds, your lawyer will file motions, negotiate with the prosecutor, and prepare a defense for trial in Madison County Circuit Court.
- Trial or Resolution: Work with your attorney to either take the case to a jury trial or negotiate a favorable plea agreement based on the strength of the evidence.
Potential Penalties for Burglary in Madison County
In Madison County, a burglary conviction carries a mandatory prison sentence, with penalties varying based on the specific felony class and circumstances of the offense.
| Offense | Classification | Incarceration | Fine | Additional Consequences |
|---|---|---|---|---|
| Burglary (Dwelling, Night) | Class 3 Felony | 5 – 20 years | Up to $100,000 | Permanent felony record, loss of firearm rights |
| Burglary (Other Building) | Class 3 Felony | 5 – 20 years | Up to $100,000 | Permanent felony record, loss of firearm rights |
| Statutory Burglary (with weapon) | Class 2 Felony | 20 years to life | Up to $100,000 | Permanent felony record, loss of firearm rights |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Madison County Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 and has a combined attorney experience of over 120 years. We have a documented record of 45 total case results across all practice areas in Madison County. Our approach is grounded in a thorough investigation of the facts. We scrutinize police reports, witness statements, and forensic evidence to identify weaknesses in the prosecution’s case. For a burglary charge, this often involves challenging the proof of intent or the legality of the entry.
Kristen M. Fisher, Of Counsel (Former Prosecutor)
Kristen Fisher is a former Assistant State’s Attorney in Maryland with firsthand experience prosecuting and now defending serious criminal cases. She is admitted to practice in Virginia and Maryland and focuses her practice on criminal defense, including felony charges like burglary. Her prosecutorial background provides critical insight into case construction and courtroom strategy.
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 with financial evidence. As a breaking and entering defense lawyer Madison County residents can consult, we build defenses focused on the specific elements the Commonwealth must prove.
Local Legal Resources and Contact Information
For official information, you can review the Virginia burglary statutes and visit the Madison County Courts website.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Our Fairfax location serves clients in Madison County and the surrounding communities. We are accessible via Route 29 and Route 231. If you are searching for a burglary defense lawyer near Madison, contact us for a confidential case review.
Frequently Asked Questions: Burglary Defense in Madison County
What is the difference between burglary and breaking and entering in Virginia?
It depends. Burglary requires entering a dwelling at night with intent to commit a felony, larceny, or assault. Breaking and entering under Va. Code § 18.2-91 involves entering a building to commit a misdemeanor involving theft, assault, or property damage. The charges and penalties differ significantly, making the specific intent a crucial element for your burglary defense lawyer Madison County to challenge.
Can a burglary charge be reduced to a misdemeanor?
Yes, in some cases. A skilled burglary charge defense lawyer Madison County can negotiate with the prosecutor to amend the charge to a lesser offense like trespassing or unlawful entry, which are misdemeanors. This depends on the evidence, your criminal history, and the circumstances of the alleged offense.
What are the defenses to a burglary charge?
Common defenses include lack of intent to commit a crime, mistaken identity, unlawful search and seizure, consent to enter the property, or insufficient evidence. A breaking and entering defense lawyer Madison County will investigate all angles, including the legality of the police investigation and the credibility of witnesses.
Do I need a lawyer for a burglary charge in Madison County?
Yes. Burglary is a felony with mandatory prison time upon conviction. The Madison County Commonwealth’s Attorney will vigorously prosecute the case. An experienced burglary defense lawyer Madison County is essential to protect your rights, challenge the evidence, and work toward the best possible outcome.
What happens at a preliminary hearing for burglary?
The preliminary hearing in Madison County General District Court determines if there is probable cause to believe you committed the crime. Your attorney can cross-examine the prosecution’s witnesses and argue to have the charge dismissed. If probable cause is found, the case is sent to Circuit Court for trial.
Related Pages: For other legal needs, see our Fairfax County criminal defense lawyer page or our Madison County DUI lawyer page. Learn more about our firm on our Virginia criminal defense hub.
Last verified: April 2026. Information is subject to change. Contact Law Offices Of SRIS, P.C. for current legal guidance.