Trespass Defense Lawyer New Kent County — What Are Your Options?
A trespassing charge in New Kent County is a Class 1 misdemeanor under Va. Code § 18.2-119, carrying up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. has documented results defending clients in New Kent County General District Court. A skilled trespass defense lawyer New Kent County can challenge the prosecution’s evidence of unlawful entry or intent.
Virginia Trespass Law and Penalties
Trespass in Virginia is defined as entering or remaining on the property of another without authority after being forbidden to do so. The core statute is Va. Code § 18.2-119. To secure a conviction, the Commonwealth’s Attorney must prove you entered or remained on land, buildings, or premises of another without authority, and that you did so after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or other authorized person.
Last verified: March 2026 | New Kent County General District Court | Virginia General Assembly
Official Legal Resources
For the full text of Virginia’s trespass statutes, refer to the official Virginia General Assembly website. Court procedures and locations for New Kent County can be found on the Virginia Courts website.
Defending a Trespassing Charge in New Kent County
In New Kent County General District Court, prosecutors must establish you had notice you were not allowed on the property. A common defense is lack of proper notice—whether a sign was posted or a verbal warning was given. Another defense is claiming you had implied authority to be there, such as being a customer during business hours.
- Initial Consultation: Discuss the specific facts of your case with a trespass defense lawyer New Kent County immediately after being charged or served.
- Evidence Review: Your lawyer will examine any “no trespassing” signs, written notices, police reports, and witness statements for weaknesses.
- Pre-Trial Negotiation: Before your court date, your attorney may contact the Commonwealth’s Attorney to argue for a reduction or dismissal, especially if the property owner does not wish to prosecute.
- Court Appearance: Appear at New Kent County General District Court (12001 Courthouse Circle) with your attorney. Be prepared for a possible trial if a plea agreement cannot be reached.
- Post-Trial Options: If convicted, your lawyer can argue for minimal penalties. If acquitted or the charge is dismissed, you may be eligible for expungement.
Potential Penalties for Trespass in New Kent County
In New Kent County, a trespassing conviction is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine up to $2,500, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Trespass (Va. Code § 18.2-119) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Permanent criminal record; possible impact on employment, housing, and professional licenses. |
| Aggravated Trespass (e.g., with intent to damage) | Class 1 Misdemeanor (or higher if combined with another crime) | Up to 12 months+ | Up to $2,500+ | None | Enhanced penalties; potential for felony charges if property damage exceeds $1,000. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to every case. We have a documented record of achieving favorable outcomes for clients facing misdemeanor and felony charges across Virginia.
Our team also includes Mr. Sris, the firm’s founder and a former prosecutor with multi-state bar admissions who personally amended Virginia’s equitable distribution statute. His strategic oversight is applied to complex cases.
Case Results and Client Advocacy
In New Kent County, our firm has a documented record in criminal defense matters. We focus on building a strong defense strategy from the start, whether the goal is to get a criminal trespass dismissed, secure a reduction, or win at trial.
Results may vary. Prior results do not aim for a similar outcome.
Local Representation for New Kent County Residents
Law Offices Of SRIS, P.C.
Richmond Location — 7400 Beaufont Springs Dr, Suite 300, Rm 395, Richmond, VA 23225
Toll-Free: (888) 437-7747 | Local: (804) 423-1383
By appointment only.
Our Richmond location serves clients in New Kent County. We are accessible via I-64 and represent individuals in New Kent, Providence Forge, and Quinton. As a trespassing charge defense lawyer New Kent County, we offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions
What is the penalty for a misdemeanor in New Kent County, Virginia?
A Class 1 misdemeanor in New Kent 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 trespassing (§ 18.2-119).
Can criminal charges be expunged in New Kent 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 New Kent County Circuit Court. A successful defense that leads to a dismissal creates a pathway to expungement.
Do I need a criminal defense lawyer for a trespassing charge in New Kent County?
Yes. Even a misdemeanor trespass charge can result in jail time and a permanent record. A trespass defense lawyer New Kent County can challenge the evidence, negotiate with prosecutors, and protect your rights in New Kent County General District Court.
What is the difference between GDC and Circuit Court in New Kent County?
New Kent County General District Court (GDC) handles misdemeanor trials, like trespassing, and felony preliminary hearings. New Kent County Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court for any offense carrying jail time.
How can a lawyer get a trespassing charge dismissed?
A trespassing charge defense lawyer New Kent County can seek dismissal by proving lack of proper notice, showing you had authority to be present, or demonstrating the property owner no longer wishes to prosecute. Negotiating with the Commonwealth’s Attorney before trial is a common strategy to get a criminal trespass dismissed.
For more information, see our Virginia Criminal Defense overview. We also assist clients in nearby areas like Henrico County and Chesterfield County. If you are facing other charges, consider our New Kent County DUI lawyer or reckless driving attorney services.
Page Last verified: March 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.