Burglary Lawyer Madison County — What Are Your Defense Options?
A burglary charge in Madison County is a serious felony under Va. Code § 18.2-90, carrying 5 years to life in prison. Law Offices Of SRIS, P.C. provides a strong defense for burglary charges in Madison County General District and Circuit Courts. Our burglary lawyer Madison County team has documented case results in the area.
Virginia Burglary Law and Penalties
In Virginia, burglary is defined by statute as entering a dwelling house at night with intent to commit a felony, larceny, or assault. The specific elements and penalties are outlined in the Virginia Code.
Last verified: April 2026 | Madison County General District Court | Virginia General Assembly
Burglary is prosecuted under Va. Code § 18.2-90 (statutory burglary). A conviction is a Class 3 felony, punishable by 5 to 20 years in prison and a fine up to $100,000. If the offender is armed with a deadly weapon, the charge becomes a Class 2 felony, carrying 20 years to life imprisonment. Aggravated statutory burglary under § 18.2-91 is a Class 2 felony. The prosecution must prove you entered a dwelling, did so at night, and had the specific intent to commit a crime inside. Defenses often challenge the evidence of intent or the legality of the entry.
For official court procedures and forms, you can visit the Virginia Courts website.
Defending a Burglary Charge in Madison County
In Madison County, burglary cases begin with a preliminary hearing in Madison County General District Court to determine probable cause. If bound over, the felony trial proceeds in Madison County Circuit Court. The Commonwealth’s Attorney for Madison County prosecutes these cases. A key procedural fact is that the prosecution must prove the specific intent to commit a felony, larceny, or assault at the time of entry—this is often the weakest point in the state’s case and a primary focus for the defense.
- Initial Consultation & Case Review: Contact a defense attorney immediately after arrest or charge. We review the warrant, police reports, and any evidence.
- Preliminary Hearing Strategy: Appear at Madison County General District Court (1 Main Street). We may challenge probable cause or negotiate for a reduced charge at this stage.
- Circuit Court Arraignment & Motions: If bound over, you will be arraigned in Madison County Circuit Court. We file pre-trial motions to suppress evidence or dismiss charges if police violated your rights.
- Trial Preparation & Negotiation: We investigate the case, interview witnesses, and consult with experts. Simultaneously, we engage with the prosecutor to seek a favorable plea agreement, such as reduction to a misdemeanor like trespassing.
- Trial or Resolution: We prepare for a jury trial in Circuit Court, presenting a strong defense focused on lack of intent, mistaken identity, or unlawful search and seizure. If a plea is in your best interest, we secure the most favorable terms possible.
Potential Penalties for Burglary in Madison County
In Madison County, a burglary conviction under Va. Code § 18.2-90 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 |
|---|---|---|---|---|---|
| Statutory Burglary (Va. Code § 18.2-90) | Class 3 Felony | 5 – 20 years | Up to $100,000 | N/A | Permanent felony record, loss of firearm rights, difficulty finding employment/housing. |
| Statutory Burglary while Armed (Va. Code § 18.2-90) | Class 2 Felony | 20 years – Life | Up to $100,000 | N/A | Same as above, with mandatory minimum sentences. |
| Aggravated Statutory Burglary (Va. Code § 18.2-91) | Class 2 Felony | 20 years – Life | Up to $100,000 | N/A | Assault/battery during commission elevates the charge. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of case results. Our approach is collaborative, with attorneys like former Virginia State Trooper Bryan Block providing unique insight into police investigations and evidence handling. We focus on building a case-specific defense strategy from the outset.
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 firm has a history of achieving favorable outcomes for clients facing serious charges. In one case, a charge of Destruction of Property With Intent under $1000 in Arlington County General District Court was nolle prosequi (dismissed by the prosecution). In another, a 94/70 mph reckless driving charge in Alleghany County General District Court was amended to improper driving. We apply the same diligent, strategic approach to burglary defense.
Results may vary. Prior results do not guarantee a similar outcome.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: 703-589-9250
By appointment only.
Our Fairfax location serves clients at the Madison County courts. We are accessible via Route 29 and Route 231. We provide a burglary lawyer near Madison County and serve the surrounding communities. We offer 24/7 phone consultations—(888) 437-7747—with meetings by appointment only.
Frequently Asked Questions
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).
Can criminal charges be expunged in Madison County, Virginia?
It depends. 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.
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.
Do I need a criminal defense lawyer in Madison County, Virginia?
Yes. Criminal charges in Madison County are prosecuted by the Commonwealth’s Attorney and heard at Madison County General District Court. Even misdemeanors carry up to 12 months jail and create a permanent criminal record visible to employers.
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.
For more information on related legal matters, see our pages on Virginia criminal defense, or consider a Madison County DUI lawyer. You can also learn about defense in neighboring areas from our Fairfax County criminal defense lawyer.
Last verified: April 2026. Laws change—contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.