Burglary Lawyer New Kent County, VA
You were arrested and charged with burglary in New Kent County, Virginia. The police report says you broke into a residence—perhaps during the night or with the intent to commit another crime. Now you are facing a felony charge that carries the possibility of years in prison. The uncertainty and stress can feel overwhelming, but you do not have to navigate it alone. An experienced burglary lawyer can evaluate the evidence, challenge the prosecution’s case, and work toward the most favorable resolution available under the law. Reach Law Offices Of SRIS, P.C. at (888) 437-7747 to schedule a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
How a Burglary Defense Lawyer Addresses These Charges
A defense against a burglary charge in Virginia depends heavily on the specific facts. The Commonwealth’s Attorney must prove each element of the offense beyond a reasonable doubt, including that a breaking and entering occurred and that the defendant had the specific intent to commit a felony or larceny inside. Mr. Sris and his Of Counsel team carefully scrutinize police reports, witness statements, and physical evidence. If law enforcement acted without a warrant or exceeded its authority, a motion to suppress evidence may be appropriate. In other cases, a lack of evidence of intent—or evidence showing the defendant had permission to enter—can weaken the prosecution’s case significantly. While Virginia does not permit the judge to participate in plea negotiations, the Commonwealth’s Attorney may agree to amend or reduce the charge if the evidence supports a lesser offense.
What to Expect in New Kent County Courts
Burglary cases in New Kent County may begin in the General District Court, which handles felony preliminary hearings and misdemeanor trials. The court is located at 12001 Courthouse Circle, New Kent, VA 23124. At a preliminary hearing, a judge determines whether probable cause exists to send the case to the Circuit Court. If the case proceeds, all felony trials and jury trials take place in the New Kent County Circuit Court. Defendants have an absolute right to a jury trial for any offense that carries possible jail time. Throughout the process, an attorney can present arguments about bond, negotiate with the Commonwealth’s Attorney, and file motions that could affect the outcome. The Richmond Location of Law Offices Of SRIS, P.C. Regularly serves clients in New Kent County and is familiar with the local procedures and prosecution approach.
Penalty Ranges for Virginia Burglary Offenses
Under Va. Code § 18.2-89, common-law burglary—breaking and entering a dwelling house at night with intent to commit a felony or larceny—is a Class 3 felony, punishable by imprisonment of not less than five years nor more than 20 years.
Source: Virginia Code § 18.2-89. View statute
Reviewed by Mr. Sris, admitted in VA, MD, DC, NJ, and NY.
Additional penalties can include fines, court costs, restitution, and a permanent felony record that impacts employment, housing, and firearm rights. Other burglary-related statutes—such as § 18.2-92 (breaking and entering a dwelling with intent to commit a misdemeanor)—carry their own classification and sentencing ranges. Because the stakes are so high, early involvement of a lawyer who concentrates in criminal defense can make a meaningful difference. The specific punishment depends on the charge, the evidence, and whether any sentencing enhancements apply. Mr. Sris and his Of Counsel team work to identify weaknesses in the prosecution’s case and pursue outcomes that minimize the consequences for the accused.
About Mr. Sris and His Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and has practiced criminal defense ever since. He is a former prosecutor, giving him insight into how the state builds its case. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova).
Supporting Mr. Sris is an Of Counsel team that collectively brings over 120 years of combined legal experience and has achieved 4,739+ documented firm-wide results. Results may vary. Among the Of Counsel are attorneys who previously served as law enforcement officers and former prosecutors—professionals who understand both sides of a criminal case. For matters in New Kent County, the firm draws on this broad experience to craft a defense tailored to the specific facts. Every client receives careful attention, and the firm’s attorneys appear regularly in the local courts.
Frequently Asked Questions
What should I do if I am facing burglary charges in New Kent County?
Contact an experienced criminal defense lawyer immediately—do not discuss the case with anyone else. Anything you say to the police or to friends can be used against you. Request an attorney and then provide no further information until your lawyer is present. Preserve any physical evidence, photographs, or messages that might support your side. Early intervention allows your attorney to examine the evidence, speak with witnesses, and begin building your defense before deadlines or court appearances pass.
How does a Virginia lawyer defend against burglary charges?
A defense attorney examines every element of the Commonwealth’s case and looks for weaknesses in the evidence, procedure, or intent. Common strategies include challenging the identification of the defendant, showing lack of intent to commit a felony or larceny, establishing that the defendant had permission to enter, or raising defects in how the police gathered evidence. The firm’s Of Counsel includes a former Virginia State Trooper who knows how investigations are supposed to be conducted. Each defense is tailored to the specific facts under Va. Code § 18.2-89 through § 18.2-93.
Can burglary charges be reduced or dismissed in Virginia?
Yes, burglary charges can be reduced to a lesser offense or dismissed if the evidence cannot support the original charge. A prosecutor may agree to amend the charge to a lower-degree burglary, trespass, or even a misdemeanor if the facts warrant it. Additionally, if a motion to suppress evidence succeeds—such as when police conduct an illegal search—the prosecution may no longer have a viable case. Mr. Sris and his Of Counsel have secured favorable results in New Kent County criminal matters, though every case is different. Results may vary.
What is the difference between General District Court and Circuit Court in New Kent County?
The General District Court handles preliminary hearings for felonies and trials for misdemeanors; the Circuit Court handles all felony trials and jury trials. If your case starts in General District Court, a judge will decide if probable cause exists to send it to Circuit Court. You have an absolute right to a jury trial in Circuit Court for any offense punishable by jail time. The Richmond Location of the firm appears in both courts and can guide you through each stage of the process.
Do I need a lawyer even if I plan to plead guilty?
Yes—having an attorney remains critical even if you believe you want to plead guilty. A lawyer can negotiate with the Commonwealth’s Attorney for a favorable plea agreement, argue for a reduced sentence, or present mitigating evidence that lowers the punishment. Sometimes an attorney identifies legal issues that lead to a charge being amended or dismissed entirely. For serious felonies like burglary, the long-term consequences of a conviction are so severe that professional legal guidance is essential. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Additional Legal Resources for Burglary Cases
Primary Legal Authority
To better understand the law that applies to your situation, consult the official Virginia Code and court system directly:
Law Offices Of SRIS, P.C.
Richmond Location
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
Phone: (888) 437-7747 | Local: (804) 201-9009
By appointment only.
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.