The back door creaks open, and you step inside — maybe it’s a dare, maybe a desperate grab for something inside. Then, headlights flash, and your stomach drops.
Caught in the act, one question burns: Is burglary a felony in Virginia? It’s a heart-pounding moment, and in Virginia criminal law, the answer can change everything. A break-in isn’t just a mistake here — it’s a charge that carries heavy weight, and the consequences can follow you for years.
At Kearney, Freeman, Fogarty & Joshi, PLLC, we’ve been helping Northern Virginians face these nightmares for over 30 years. If you’re staring down a burglary charge, you need the truth fast. We’re here to walk you through it — whether it’s a felony, what you’re up against, and how to fight back.
Keep reading, we have the answers and the experience to guide you through this mess.
What Counts as Burglary Under Virginia Criminal Law
Burglary might sound like a movie heist, but Virginia criminal law keeps it real. It’s breaking into a building with the intent to steal or commit any felony inside. That could mean kicking in a shop door or sneaking through a home’s window.
The catch? You don’t even need to take anything — intent alone seals the deal. The law doesn’t care if it’s daytime or a vacant spot — intent is the line in the sand. At Kearney, Freeman, Fogarty & Joshi, PLLC, we’ve learned how wide this net casts in Fairfax courts. It’s not just about the act; it’s what you planned to do.
That’s why understanding this piece is key — it sets up everything else, from felony status to your next move.
Is Burglary a Felony in Virginia? Here’s the Truth
So, is burglary a felony in Virginia? Yes, always. Virginia tags it as a Class 3 felony at minimum, meaning 5 to 20 years in prison if you’re caught.
Bring a weapon or hit a home at night, and it jumps to Class 2, which can mean up to life. No slap-on-the-wrist misdemeanor here; the state swings hard.
In our 30 years working Fairfax cases, we’ve seen judges weigh the details — armed or not, occupied or empty. The felony label’s non-negotiable, and courts don’t blink. At Kearney, Freeman, Fogarty & Joshi, PLLC, we’ve watched this unfold too many times to sugarcoat it.
You’re in deep the second that charge drops — knowing it’s a felony is your wake-up call to fight smart.
How Burglary Charges in Virginia Stack Up Against Theft
Burglary charges in Virginia often get tangled up with theft, but they’re not twins. Theft is about taking stuff — burglary is about breaking in with bad intent.
You could walk into a store, pocket a watch, and face theft. But smash a window to get that watch, and it’s burglary — a felony every time.
Virginia criminal law draws a hard line here, and the penalties leap. Theft might land you a misdemeanor if it’s small potatoes; burglary starts at 5 years minimum. Over our 30 years in Northern Virginia, we’ve seen clients stunned by the upgrade — thinking it’s “just stealing” until the felony hammer drops.
The break-in’s what fuels the charge, not just the loot. Knowing this split can shift how you defend it — something we’ve mastered over decades.
Felony Burglary Consequences: The Real Cost
Burglary charges in Virginia don’t just stop at a gavel bang — felony burglary consequences ripple out. A Class 3 felony could land you 5 to 20 years, plus fines up to $100,000.
Even if you dodge the max, probation is also a real consequence. Miss a step, and you’re back inside. Beyond bars, your life takes hits:
- Landlords turn you away
- Employers ghost you
- Family ties strain under the weight
At Kearney, Freeman, Fogarty & Joshi, PLLC, we’ve seen this toll up close. It’s not just time served — it’s a shadow that lingers, making every day harder.
When Burglary Gets Worse: Aggravating Factors to Watch
Burglary’s bad enough, but some twists make it uglier under Virginia criminal law. Carry a gun or knife? That’s aggravated burglary — Class 2 felony, 20 years to life.
Break into a home at night while folks sleep? Same deal. Even an empty house can spike if you’re armed.
Burglary charges in Virginia escalate fast when the stakes rise — intent plus danger equals a heavier hit.
Legal Advice in Virginia: Your First Step to Clarity
Facing burglary charges in Virginia feels like drowning in quicksand — the deeper you sink, the tougher it gets. That’s where legal advice in Virginia turns the tide. The law’s a maze:
- Intent
- Evidence
- Enhancements
One wrong move can bury you. Waiting’s a trap; early counsel spots cracks others miss. At Kearney, Freeman, Fogarty & Joshi, PLLC, we thrive on unraveling these knots.
Our team’s been at it since the 1980s, giving clear, actionable steps to cut through the panic. You need someone who’s seen the playbook — let us map your way out.
Why Intent Matters in Burglary Cases
When it comes to burglary charges in Virginia, intent is the whole game. Virginia criminal law defines burglary as breaking into a building with the plan to steal or commit a felony inside.
Without that intent, you’re not a burglar, even if you trespassed. Why does this matter? Because it’s the difference between a felony that could lock you up for 20 years and a lesser charge — or none at all.
Intent shapes everything. For example, if you enter a vacant store to sleep, not steal, it is not burglary, and as a consequence, not a felony. Intent’s tricky, though — cops assume it from the break-in itself, and prosecutors don’t need hard proof.
Burglary Charges Looming? We’re Your Next Call
So, is burglary a felony in Virginia? Yes, every time, and it’s a heavy one, with years in prison, fines, and a record that sticks. From intent to aggravating factors, Virginia criminal law doesn’t let up, and the fallout can rattle your whole life.
At Kearney, Freeman, Fogarty & Joshi, PLLC, we’ve honed our craft in Fairfax since the 1980s, delivering excellence in representation one client at a time. Our decades of experience are your edge against this mess.
Don’t let it overwhelm you. Pick up the phone and call us today for a consultation.
