Virginia Trespassing Lawyer — What Are Your Defense Options?
Trespassing in Virginia is a criminal offense under Va. Code § 18.2-119, punishable as a Class 1 misdemeanor with up to 12 months in jail and a $2,500 fine. Law Offices Of SRIS, P.C. provides defense for these charges. A skilled Virginia trespassing lawyer can challenge the prosecution’s case by examining property boundaries, posted notices, and your intent. Contact us for a case review.
Last verified: April 2026 | Statewide — court varies by locality | Virginia General Assembly
Virginia Trespassing Law and Penalties
Trespassing is defined under Virginia law as entering or remaining on the property of another without authority after having been forbidden to do so, either orally or by a posted notice. The specific statute is Va. Code § 18.2-119. A conviction can result in a permanent criminal record, impacting employment, housing, and professional licenses. Defending against these charges often hinges on whether adequate notice was given and whether you had a lawful right to be present.
For official court procedures and forms, refer to the Virginia Judicial System website.
- Receive a summons or warrant for a trespassing charge.
- Consult with a Virginia trespassing lawyer to review the details of the alleged offense.
- Your attorney will gather evidence, including property lines, signage, and witness statements.
- Appear in the appropriate General District Court for arraignment and potential trial.
- If convicted, your lawyer can argue for alternative sentencing or appeal to Circuit Court.
In Virginia, trespassing carries a penalty of up to 12 months in jail and a $2,500 fine as a Class 1 misdemeanor.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Trespassing (Va. Code § 18.2-119) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None directly | Criminal record, possible protective order |
| Trespass on School Property | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None directly | Enhanced penalties possible |
Results may vary. Prior results do not aim for a similar outcome.
Legal Defense Experience for Trespassing Charges
Founded in 1997, Law Offices Of SRIS, P.C. brings extensive experience to criminal defense. Our team understands that a trespassing charge often stems from a misunderstanding or a lack of clear property demarcation. We examine every detail, from the validity of the “no trespassing” signs to the authority of the person who asked you to leave. Our firm-wide track record includes over 4,739 documented case results. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Case Results for Criminal Charges
Our defense lawyers have successfully defended clients against various criminal charges. In trespassing cases, favorable outcomes often involve case dismissals when the notice was inadequate or charges were reduced when intent could not be proven. For instance, we have secured dismissals where signage was not properly posted or where the client had an implied license to be on the property. Results may vary. Prior results do not aim for a similar outcome. Of Counsel attorney Kristen Fisher, a former Maryland Assistant State’s Attorney, contributes significant prosecutorial insight to building strong defenses.
Law Offices Of SRIS, P.C.
4008 Williamsburg Court, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location is centrally located to serve clients across Virginia. We are a trespassing lawyer near Virginia residents facing charges in any General District or Circuit Court. We serve communities statewide. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Is trespassing a felony in Virginia?
No. Simple trespassing under Va. Code § 18.2-119 is typically a Class 1 misdemeanor. However, certain aggravating circumstances, like trespassing while armed or on critical infrastructure, can elevate the charge to a felony.
Can a trespassing charge be expunged in Virginia?
It depends. If the charge is dismissed or you are found not guilty, you are eligible for an expungement under Va. Code § 19.2-392.2. A conviction for trespassing is generally not eligible for expungement unless you qualify under a first offender provision for a different related charge.
What is the difference between criminal trespass and unlawful entry?
In Virginia, “trespass” under § 18.2-119 usually involves entering or remaining after being forbidden. “Unlawful entry” under § 18.2-125 often involves entering to commit a misdemeanor. The distinctions are subtle, and a criminal attorney can analyze which statute applies to your case.
Do I need a lawyer for a trespassing ticket?
Yes. Even a misdemeanor trespassing conviction creates a permanent criminal record. A defense lawyer can work to get the charge dismissed or reduced, potentially avoiding jail time, fines, and the long-term consequences of a criminal record.
What defenses are available against trespassing charges?
Common defenses include lack of proper notice (no signs or oral warning), having a legitimate reason to be on the property (e.g., emergency), ownership or tenant dispute, or mistaken identity. Your criminal court lawyer will identify the best defense based on the evidence.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.