Virginia Trespass Lawyer

If you are facing a trespass charge, don’t worry, as a Virginia trespass lawyer I can fight your case in court and defend your legal rights.

read important information related to the Virginia trespass lawyer listed below:

Virginia Trespass Lawyer Explains Types of Trespass Crimes in Northern Virginia

In Virginia, trespass to land occurs when a person enters or remains on the land of another. Code of Virginia §18.2-119 details trespass and the penalties associated with it. 

Entering the property of another despite being warned not to can result in a class 1 misdemeanor.

In Virginia, there are many categories of trespass. 

Under Virginia code §18.2-125, entering a cemetery without permission at night is a class 4 misdemeanor unless visiting the grave of a family member. 

§18.2-128 makes it unlawful to enter or remain on the premises of a school without proper permission, and it is unlawful to enter or remain on church property after being told by a person or a properly posted sign to vacate the premises. 

Drones and remote-controlled crafts can also lead to charges of trespass.  §18.2-121.3 criminalizes the use of a drone within 50 feet of a home when the drone is being used to scare or harass, or the owner of that home has asked for the drone use to stop.

What Are The Penalties for Being Convicted for Trespass? As Explained By Virginia Trespass Lawyer

Trespass, under Virginia code §18.2-119, can be a class 1, 2, 3, or 4 misdemeanors depending on the circumstances. 

Misdemeanor trespass can be elevated to a class 6 felony depending on the intent of the trespasser and the results of the trespass.

1.Trespassing After Having Been Forbidden

Under §18.2-119, entering the land of another after being denied access to that land is a class 1 misdemeanor. 

Penalties for this offense include a fine of up to $2,500 and up to a year in jail. 

The same trespass motivated by the landowner’s race, color, creed, religion, or ethnicity can be a class 6 felony. 

Penalties for this felony can range from 6 months to 5 years in jail. 

Alternatively, the jury or the court when there is no jury can issue a sentence of up to one year in jail, a $2,500 fine, either, or both.

It is essential to hire an experienced Virginia trespass lawyer to defend your criminal charges in court. 

2.Trespassing on Properly Marked Property

§18.2-134 defines trespass to property that has been marked by the owner. 

Without the consent of the owner, you can be charged with trespass as a class 1 misdemeanor.

3.Trespass to Cemeteries

Virginia punishes trespass to cemeteries.  §18.2-127(a)(3) makes it a class 1 misdemeanor to maliciously or willfully block the entrance to a cemetery. 

Penalties under 18.2-127(a)(3) include a fine of up to $2,500 and 1 year in jail. 

Similarly, trespass to a cemetery at night without a permit is a class 4 misdemeanor under §18.2-125.  Such a trespass can result in a $250 fine.

4.Trespass and Schools

§18.2-128(b) makes trespassing at a school with proper notices a class 1 misdemeanor.

Entering a school bus or property of a school at night without authority is a class 3 misdemeanor under §18.2-128(a).  

If the trespass leads to the abduction of a child, the act can be a class 6 felony. 

Such a felony can be punished with a 5-year prison sentence.

5.Trespassing Related to Hunting and Fishing

Hunting and trapping on public grounds without permission is a class 3 misdemeanor that can have a $500 fine. 

Trespassing onto land without proper signs to hunt or fish is a class 3 misdemeanor that carries up to a year of jail time or a $2,500 fine.

It is essential to hire an experienced Virginia Trespass Lawyer to help you defend your criminal charges.

6.Trespassing Related to Hunting and Fishing

Trespass on a train, other forms of public transportation, or a railroad is a class 4 misdemeanor that carries a $250 fine. 

Proper Sign Posting

Under §18.2-134.1, proper signs to prevent hunting, fishing, and trapping on land are vertical lines measuring at least 8 inches high and 2 inches wide. 

These lines must be 3 to 6 feet above the ground or water level. 

These marks must be readily visible to those approaching the property.

Don’t risk detention and criminal penalties, contact our Virginia trespass attorney for a free consultation. 

Plea Deals for Trespass

Under §19.2-303.2, first offenders of misdemeanor property crimes can be placed on probation if found guilty or pleading guilty. 

Consenting to probation is a way to have further legal proceedings dropped. 

However, violating probation can lead to further legal actions against you.

Defenses to Trespass

There are several legal defenses to charges of trespass in Virginia.  

Having the written or oral consent of the landowner for you to be on their land when you were on the land will stop a trespass charge. 

Similarly, having a legal right to be on the land when you were is a legal defense.  

It can also be a defense to show that the land in question was not properly marked and enclosed with signs to place you on notice.  

If you are facing a charge of trespass and need a defense, contact a skilled Virginia Trespass Attorney to build that defense.

Why do You Need to Hire an Experienced Virginia Trespass Attorney?

Trespass as a misdemeanor or a felony can result in expensive fines and possibly jail time. 

The attorneys at the American Lawyers Group can help reduce or avoid these penalties with strong legal arguments and defenses.

If you are facing a trespass charge for entering or remaining on land that is not yours, contact the experienced attorneys at American Lawyers Group.