Burglary Lawyer Madison County — What Are Your Defense Options?
Burglary in Madison County is a serious felony under Va. Code § 18.2-89, punishable by 5 years to life. A burglary lawyer Madison County from Law Offices Of SRIS, P.C. is essential to challenge the prosecution’s evidence of breaking and entering. Our firm has 45 documented case results in Madison County. We provide 24/7 phone consultations.
Last verified: April 2026 | Madison County General District Court | Virginia General Assembly
Virginia Burglary Law and Penalties
Burglary in Virginia is defined by Va. Code § 18.2-89 as the breaking and entering of a dwelling house at night with intent to commit a felony, larceny, or assault. This is a Class 3 felony, carrying a potential sentence of 5 to 20 years in prison and a fine of up to $100,000. If the accused is armed with a deadly weapon, the charge escalates to statutory burglary while armed under § 18.2-90, a more severe offense. The prosecution must prove every element beyond a reasonable doubt: the breaking, the entering, that it was a dwelling house, that it occurred at night, and the specific criminal intent.
For a breaking and entering defense lawyer Madison County, the intent element is often a key battleground. The Commonwealth must prove you intended to commit a crime inside at the moment of entry. Lack of intent is a complete defense.
Official Legal Resources
For the full text of the statute, review Va. Code § 18.2-89 (official Virginia General Assembly website). Court procedures and filing information can be found on the Madison County General District Court website.
Madison County Court Process for Burglary Charges
Burglary cases in Madison County begin with an arrest and an initial appearance before a magistrate. The case then proceeds to the Madison County General District Court for a preliminary hearing. At this hearing, the Commonwealth must show probable cause that a burglary occurred and that you committed it. This is a critical stage where a burglary charge defense lawyer Madison County can argue for dismissal or reduced charges.
- Arrest & Initial Appearance: You will be taken before a magistrate for bail determination.
- Secure Representation: Contact a burglary lawyer Madison County immediately. Do not speak to investigators without counsel.
- Preliminary Hearing: Your attorney will challenge the evidence at the General District Court hearing.
- Circuit Court Arraignment: If the case is certified, you will be formally charged in Madison County Circuit Court.
- Discovery & Motions: Your lawyer will file motions to suppress evidence and challenge the prosecution’s case.
- Trial or Negotiation: The case will proceed to a jury trial or be resolved through plea negotiation.
Potential Penalties for Burglary in Madison County
In Madison County, burglary is a Class 3 felony carrying 5 to 20 years in prison and a fine up to $100,000.
| 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 directly | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Burglary while Armed (Va. Code § 18.2-90) | More Severe Felony | Mandatory minimum sentences apply | Up to $100,000 | None directly | All of the above, plus enhanced penalties. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Burglary Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and more than 4,739 case results firm-wide, we bring a depth of knowledge to complex felony defenses. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. In Madison County, we have a documented record of handling serious criminal charges.
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 and Client Outcomes
Our firm has 45 total documented case results across all practice areas in Madison County with a 100% favorable outcome rate. While every case is unique, our team, including former prosecutor Kristen Fisher and former Virginia State Trooper Bryan Block, works collaboratively to scrutinize every detail of the prosecution’s evidence. Mr. Sris, the firm’s founder, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Madison County Burglary Defense Lawyers
Our Fairfax location serves clients at the Madison County courts. We are accessible via Route 29 and Route 231. We serve the community of Madison and surrounding areas.
Burglary lawyer near Madison County Courthouse. 24/7 phone consultations — meetings by appointment only.
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.
Frequently Asked Questions: Burglary Charges in Madison County
What is the penalty for a misdemeanor in Madison County, Virginia?
A Class 1 misdemeanor in Madison County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and driving on suspended (§ 46.2-301). Cases heard at Madison County General District Court (1 Main Street, Madison, VA 22727). 45 total documented case results across all practice areas (100% favorable outcome rate).
Can criminal charges be expunged in Madison County, Virginia?
Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most convictions cannot be expunged. The petition is filed in Madison County Circuit Court. First-offense marijuana possession may qualify through deferred disposition. 45 total documented case results across all practice areas (100% favorable outcome rate).
How does bail work in Madison County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors in Madison County. Secured bond (bail bondsman charges ~10%) is typical for felonies. Bond can be appealed to Madison County General District Court. Bond amount set by magistrate at arrest — personal recognizance for many first-offense misdemeanors; secured bond typical for felonies (bail bondsman charges approximately 10%); public defender eligibility based on income; court-appointed attorney fee: $120 (misdemeanor) to $445+ (felony).
Do I need a criminal defense lawyer in Madison County, Virginia?
Criminal charges in Madison County are prosecuted by the Commonwealth’s Attorney and heard at Madison County General District Court (1 Main Street, Madison, VA 22727). Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers. 45 total documented case results across all practice areas (100% favorable outcome rate) Contact SRIS 24/7 at (888) 437-7747 for a Consultation by appointment.
What is the difference between GDC and Circuit Court in Madison County?
Madison County General District Court handles misdemeanor trials and felony preliminary hearings. Madison County Circuit Court handles felony jury trials and appeals from GDC. You have an absolute right to a jury trial in Circuit Court for any offense carrying jail time. Madison County General District Court (1 Main Street, Madison, VA 22727) is the GDC location.
Internal Resources
For more information, visit our Virginia Criminal Defense Lawyer hub page. We also assist clients in nearby jurisdictions like Fairfax County and Prince William County. If you are facing other charges in Madison County, consider our DUI defense or family law services.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.