Fairfax Burglary Defense Attorney

Trusted Burglary Defense Lawyer Representing Clients in Fairfax, VA

Sometimes, being at the wrong place at the wrong time can trigger a burglary charge. As a felony crime, burglary carries strict penalties, so strong legal representation is a must in these cases. With legal assistance from a Fairfax, Virginia burglary defense attorney, you can explore your options to fight this charge in court.

At Bret Lee Legal Solutions, we know how serious a burglary accusation can be. When you work with our firm, we will look for ways to get the charge reduced or dismissed based on the facts of your case. Attorney Bret Lee has maintained a 10.0 Avvo rating, highlighting the trust he has built up with past clients.

Understanding the Definition of Burglary in Virginia

Burglary generally involves breaking and entering the dwelling house of another at night with the intent to commit a felony or larceny inside. That offense is punishable as a Class 3 felony, and it becomes a Class 2 felony if the accused was armed with a deadly weapon at the time of entry. A Class 2 felony carries the possibility of life in prison, so this should be avoided at all costs.

Virginia also recognizes statutory burglary, which covers a broader range of conduct. Depending on the facts, a person may be charged for entering or concealing himself in a dwelling with the intent to commit crimes such as murder, robbery, rape, arson, or another felony. In other words, a burglary accusation does not always require a classic forced entry into a home.

Penalties for Entering a Bank With Intent to Commit Larceny

Virginia has a separate offense for entering a bank while armed with a deadly weapon and intending to commit larceny of money, bonds, notes, or other evidence of debt inside. This offense applies whether the entry happened during the day or at night. Under Virginia law, it is charged as a Class 2 felony. A charge at this level can put the rest of a person's life at risk, especially if prosecutors believe they can prove both possession of the weapon and intent to steal from the bank.

What Are "Burglarious Tools"?

Virginia law also criminalizes possession of "burglarious tools." This generally means tools, implements, or an outfit possessed with the intent to commit burglary, robbery, or larceny. The law does not turn only on the object itself. Many ordinary tools can become the basis of a charge if the prosecution claims they were possessed for an unlawful purpose.

Possession of burglarious tools is a Class 5 felony, punishable by at least a year in prison, to a maximum of 10 years. The statute also states that possession of such tools by a person other than a licensed dealer is prima facie evidence of intent to commit burglary, robbery, or larceny, meaning that the state will assume you were planning to commit those crimes unless shown otherwise.

Strategies to Challenge a Burglary Charge in Fairfax

Burglary cases hinge on intent. A defense may focus on whether the accused actually intended to commit larceny or another crime inside the building, or whether the entry was innocent, misunderstood, or unrelated to any criminal purpose.

Other strategies may include challenging identity, disputing whether there was a true breaking or unlawful entry, contesting whether the structure fits the statute, or attacking weak witness testimony and forensic evidence. In some cases, the best defense is that prosecutors have assumed far too much from limited facts.

Meet With a Fairfax, Virginia Burglary Defense Lawyer

At Bret Lee Legal Solutions, we can help you build a defense aimed at protecting your future. Call 703-936-0580 or contact our Fairfax, Virginia burglary defense attorney to schedule a free consultation.