Being accused of burglary—thoughts of facing prison, steep fines, and a lasting felony record—can leave you feeling scared and uncertain. Even in this difficult moment, it is important to remember that the Commonwealth must prove its case beyond a reasonable doubt. With the help of a knowledgeable theft attorney from Ashwell & Ashwell, PLLC, you can have a powerful advocate to ensure your voice is heard.
Our Warrenton burglary lawyers recognize the seriousness of these charges and put significant time and preparation into each case. Our goal is to provide careful, strategic representation designed to protect your rights and work toward a favorable resolution.
Virginia Code § 18.2-89 defines burglary as breaking and entering intending to commit a felony or theft. Burglary is always a felony; a conviction often means a period of incarceration, fines, and a permanent criminal record. Certain factors—such as entering a residence that is occupied or possessing a weapon—can likely increase potential penalties.
In addition, Va. Code § 18.2-90 addresses situations where someone breaks and enters at night intending to commit murder, rape, robbery, or arson (or another felony). Burglary often carries harsher punishments and longer sentences than trespassing. For example, unlike trespassing—which involves unlawful entry without consent—burglary requires proof that another crime was intended once inside. That you weren’t entering just to enter, you were breaking in to specifically commit a felony—and it must be a felony.
This distinction creates an opportunity for defenses that a Warrenton burglary defense lawyer could investigate and develop to use in negotiation or trial.
While every burglary case is unique, certain defenses are raised frequently. These defenses include:
A skilled burglary defense attorney in Warrenton could examine the facts of your case, identify weaknesses in the prosecution’s evidence, and create a defense that considers all potential defenses.
The penalties for burglary may limit your chances of finding employment, qualifying for professional licenses, or even renting housing. For instance, Va. Code § 18.2-308.2 bans anyone with a felony conviction from having or owning firearms, which means you could lose constitutional rights.
Family law matters may also be affected. For instance, a judge in a custody dispute may take a felony conviction into account when deciding what is in the best interests of a child. A judge could decide that someone with a felony conviction might not be a suitable parent, potentially restricting visitation or even awarding full custody to the other parent. Travel restrictions could also be imposed, making it difficult or impossible to visit family or pursue opportunities in other countries.
To protect your rights and your future, you should consult with our trial attorneys right away.
If you are facing burglary charges, the decisions you make now could influence the rest of your life—contacting Ashwell & Ashwell, PLLC, could be the most important decision you make.
We are local counsel who know the prosecutors and judges in the criminal court and use our personal knowledge to craft an individual legal strategy. We concentrate on protecting your rights and your future, from negotiating a plea to preparing for trial.
A Warrenton burglary lawyer can guide you through the process and advocate for you. Call us today.
A criminal defense attorney serves as your advocate and guide throughout every stage of your legal proceedings. From the moment of arrest or charge, your attorney will explain your rights, help you understand the charges against you, and develop a legal strategy tailored to your case. They will investigate the facts, review evidence, file pretrial motions, negotiate with prosecutors for reduced charges or plea agreements, and represent you vigorously at trial if necessary. Your attorney ensures that law enforcement and the prosecution respect your constitutional rights at every turn, working to achieve the best possible outcome on your behalf.
In general, the civil litigation process encompasses several crucial stages, beginning with the Pleadings phase, where parties formally outline their claims and defenses. Following that, the Discovery stage allows both sides to gather evidence through depositions and document requests to support their case. Pre-trial motions aim to resolve the case or limit issues before trial. If unresolved, the process moves to Trial, where the case is argued in court. Finally, the Appeal phase offers a chance to challenge the trial’s outcome. Each stage is pivotal, designed to ensure fairness and resolve disputes effectively.
A DUI conviction in Virginia carries serious consequences that can affect many areas of your life. For a first offense, you may face fines starting at $250, a 12-month license suspension, mandatory enrollment in the Virginia Alcohol Safety Action Program (VASAP), and possible jail time. Subsequent offenses result in significantly harsher penalties, including longer license suspensions, higher fines, mandatory minimum jail sentences, and the possibility of felony charges. A DUI conviction also creates a permanent criminal record, which can impact your employment, insurance rates, and professional licenses. Our attorneys work aggressively to protect your rights and pursue the best possible outcome for your case.
Our family law attorneys handle a wide range of matters affecting families and individuals. We represent clients in divorce and legal separation proceedings, including both contested and uncontested cases. We also handle child custody and visitation disputes, child support and spousal support (alimony) matters, equitable distribution of marital property, and the enforcement or modification of existing court orders. Additionally, our attorneys assist with adoption proceedings, paternity actions, domestic violence protective orders, and prenuptial or postnuptial agreements. Whatever your family law matter, our team is committed to protecting your rights and the well-being of your family.
A comprehensive Virginia estate plan typically includes several key documents. A Last Will and Testament outlines how your assets will be distributed and may name a guardian for minor children. A Revocable Living Trust allows assets to pass to beneficiaries without going through probate. Financial Powers of Attorney designate someone to manage your financial affairs if you become incapacitated, while a Healthcare Power of Attorney and Advance Medical Directive (Living Will) specify your healthcare preferences and appoint someone to make medical decisions on your behalf. Beneficiary designations on life insurance policies and retirement accounts are also critical components. Our estate planning attorneys will work with you to ensure all documents are properly drafted and reflect your wishes.
