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.
