Trespassing Lawyer Fairfax — Defending Against Unlawful Entry Charges
A trespassing charge in Fairfax 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 at the Fairfax County General District Court.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Virginia Trespassing Law and Penalties
Trespassing in Virginia is defined as entering or remaining on the property of another without authority after having been forbidden to do so, either orally or in writing, by the owner, lessee, or custodian. The core statute is Va. Code § 18.2-119. This law requires the prosecution to prove you had notice that you were not permitted to be on the property. A trespass charge defense lawyer Fairfax examines whether proper notice was given and whether you had the requisite intent to trespass.
- Receive a summons or warrant for a trespassing charge.
- Consult with a trespassing lawyer Fairfax to review the notice and intent elements of your case.
- Your attorney may file pre-trial motions to suppress evidence or challenge the complaint.
- Appear at your arraignment and enter a plea in Fairfax County General District Court.
- Negotiate with the Commonwealth’s Attorney for a reduction or dismissal, or proceed to trial.
- If convicted, your lawyer can advocate for minimal penalties at sentencing.
Potential Penalties for Trespassing in Fairfax
In Fairfax County, trespassing under Va. Code § 18.2-119 is a Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500.
| Offense | Classification | Incarceration | Fine | Record Impact |
|---|---|---|---|---|
| Trespassing (Va. Code § 18.2-119) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Permanent criminal record |
| Unlawful Entry (Va. Code § 18.2-128) | Class 3 Misdemeanor | N/A | Up to $500 | Permanent criminal record |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Trespassing Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We have a documented record of achieving favorable outcomes in Fairfax County courts. Our approach involves a detailed analysis of the notice provided and the defendant’s intent. For example, we have successfully argued for amendments from more serious charges to trespassing, resulting in lighter penalties for our clients. An unlawful entry defense lawyer Fairfax from our firm understands the local court procedures and prosecution strategies.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Case Results in Fairfax County
Our firm has documented results in Fairfax County. In one case, a charge of concealment/price alteration of merchandise under $200 was amended to a trespassing charge, skilled to a more favorable disposition for the client. Mr. Sris, the firm’s founder and a former prosecutor, provides strategic oversight on complex cases.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fairfax Trespassing Defense Lawyers
Our Fairfax location serves clients throughout Fairfax County, including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. We are your local trespassing lawyer near Fairfax County General District Court.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Fairfax Trespassing Defense FAQs
What is the penalty for trespassing in Fairfax County, Virginia?
Trespassing is a Class 1 misdemeanor, punishable by up to 12 months in jail and a fine of up to $2,500 under Va. Code § 18.2-119. The exact penalty depends on the circumstances and your prior record.
Can a trespassing charge be dropped in Fairfax?
It depends. A trespass charge defense lawyer Fairfax can negotiate with the prosecutor for a dismissal, especially if there are weaknesses in the evidence regarding notice or intent. Successful completion of a first offender program may also lead to dismissal.
What is the difference between trespassing and unlawful entry in Virginia?
Trespassing (Va. Code § 18.2-119) requires proof you were forbidden to enter. Unlawful entry (Va. Code § 18.2-128) involves entering a property that is obviously designed to keep people out. An unlawful entry defense lawyer Fairfax can explain which statute applies to your case.
Do I need a lawyer for a trespassing misdemeanor?
Yes. Even a misdemeanor conviction creates a permanent criminal record that can affect employment and housing. A trespassing lawyer Fairfax can protect your rights and work toward the best possible outcome.
What defenses are there to a trespassing charge?
Common defenses include lack of proper notice, lack of intent to trespass, consent to enter, and challenging the ownership/control of the property. A lawyer will investigate the specific facts of your case.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.