Trespassing in Virginia
Trespassing in Virginia occurs when someone enters someone else’s property without permission or stays on the property after being told to leave. Virginia takes defending property rights seriously, so even an honest mistake could potentially lead to a charge. Because of this, it is important to hire an attorney to advocate for you and tell your side of the story.
What is Trespassing?
In Virginia, trespassing is defined as going onto or remaining on lands, buildings, premises, or any portion thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or the agent of any such person, or other person lawfully in charge. Va. Code § 18.2-119. Under this statute, trespassing is a Class 1 Misdemeanor, meaning it is punishable by up to 12 months in jail and a fine of up to $2,500.
Elements of Trespassing
In order to convict someone of trespassing, the prosecutor must prove beyond a reasonable doubt that:
- You went onto someone’s property;
- After having been requested not to;
- The individual who requested that you not come onto the property or leave the property had the authority to do so; and
- You otherwise had no legal right to be on the property in question.
The Trespassing Statute: Va. Code § 18.2-119
If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or the agent of any such person, or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by or at the direction of such persons or the agent of any such person or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor.
Notice for Trespassing
In order to be prosecuted for trespassing, you must have proper notice that your presence is prohibited. Notice can be oral or written, but it must be given by someone with the authority to prohibit people from entering or remaining on the property. Some examples of proper notice include:
- A “No Trespassing” sign
- Being told by someone with authority that you are not allowed on the property
- A prohibition included in a protective order
How Our Attorneys Can Help You
If you have been charged with trespassing, you should consider consulting with an attorney immediately to evaluate the facts of your case. Our attorneys have experience with these types of cases and regularly help clients in courts throughout Northern Virginia including Alexandria, Arlington, Fairfax, Loudoun, and Prince William Counties. Contact us today to talk through potential defenses and discuss the specific facts of your case.
