Trespassing Lawyer Arlington County, VA
A trespassing charge in Arlington County, Virginia, is prosecuted under Va. Code § 18.2‑119 and is generally a Class 1 misdemeanor. A conviction can carry up to 12 months in jail and a $2,500 fine, along with a permanent criminal record that affects employment, housing, and professional licensing. Mr. Sris and the firm’s Of Counsel attorneys represent individuals facing trespassing allegations in Arlington County General District Court and Arlington County Circuit Court. Since 1997, the firm has handled numerous criminal matters in Arlington County, including 21 documented results with 11 dismissals or not‑guilty findings and 10 reduced or amended charges. Results may vary. To discuss your situation, reach our Arlington location at (888) 437‑7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What a Trespassing Charge Means in Arlington County
Under Va. Code § 18.2‑119, a person commits trespassing by going onto or remaining on another’s land, building, or premises after having been forbidden to do so—whether orally, in writing, or by posted signs. Most trespassing cases filed in Arlington County are Class 1 misdemeanors, with a maximum penalty of 12 months in jail and a $2,500 fine. In certain circumstances, such as trespassing on school property or with the intent to commit a felony, the charge may be elevated to a felony heard in Circuit Court.
Trespass after being forbidden is a Class 1 misdemeanor in Virginia, punishable by up to 12 months in jail and a fine of up to $2,500. (Va. Code § 18.2‑119.)
Source: Va. Code § 18.2‑119. Virginia Code
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
Arlington County General District Court, located at 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201, hears misdemeanor trespassing trials and preliminary hearings for any felony counts. The Hon. Jason S. Rucker presides over the General District Court. The Commonwealth’s Attorney for Arlington County prosecutes the case. A person arrested for trespassing will typically appear before a magistrate, who sets bond. For a first‑offense misdemeanor, personal recognizance (no monetary bond) is common. The court may also offer first‑offender disposition under Va. Code § 19.2‑303.2, allowing the charge to be dismissed after successful completion of probation conditions. If a conviction cannot be avoided, an experienced attorney can advocate for a reduced charge or alternative sentencing.
How Mr. Sris and the Firm’s Of Counsel Attorneys Approach Trespassing Defense
When a trespassing charge is filed in Arlington County, the firm’s defense strategy begins with a thorough review of the evidence and the circumstances of the alleged entry. The Commonwealth must prove beyond a reasonable doubt that the accused entered or remained on property after being clearly forbidden. Mr. Sris and the firm’s Of Counsel attorneys examine the validity of any warning—whether it was properly communicated, whether the person understood it, and whether the posted signage meets statutory requirements. If the warning is ambiguous or the person had a legitimate right to be on the property, the charge may be challenged on its face.
The firm also evaluates whether the arresting officer followed proper procedure and whether any constitutional issues exist, such as an unlawful stop or search. In many misdemeanor trespassing cases, the Commonwealth’s Attorney is open to resolving the matter through a negotiated amendment—for example, reducing a trespassing charge to a non‑criminal infraction or even a dismissal after a period of good behavior. The firm’s lead criminal defense attorney for Arlington County, an Of Counsel lawyer who is a former Virginia State Trooper, brings firsthand knowledge of police operations and investigative techniques to every case. Mr. Sris and the firm’s Of Counsel attorneys work to secure dismissals, not‑guilty findings, or amended dispositions whenever possible. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has been practicing since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His experience as a former prosecutor gives him insight into how the Commonwealth builds its case, which is a valuable asset in negotiating with the Arlington County Commonwealth’s Attorney.
The firm’s Of Counsel attorneys include a former Virginia State Trooper with 15 years of law enforcement and criminal investigation experience, as well as other experienced litigators. Together, Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to every criminal matter. They appear regularly in Arlington County General District Court and Arlington County Circuit Court. To speak with a member of the defense team, call (888) 437‑7747.
Frequently Asked Questions
How does a Virginia lawyer defend against trespassing charges?
Defense strategies in a trespassing case often focus on whether the Commonwealth can prove the defendant was properly warned not to enter the property. An experienced attorney will scrutinize the alleged warning—whether it was given orally, in writing, or through posted signs. If the warning was unclear, not properly posted, or not communicated to the defendant, the charge may be dismissed. The attorney may also argue that the defendant had authorization to be on the property or that the property was open to the public. In many instances, the Commonwealth’s Attorney will agree to amend the charge to a non‑criminal disposition. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.
What should I do if I am facing trespassing charges in Arlington County?
If you have been charged with trespassing, do not discuss the facts with anyone except your lawyer. Request to speak with an attorney immediately. If you are arrested, a magistrate will set bond; personal recognizance is often granted for a first‑offense misdemeanor. Contact a criminal defense attorney as soon as possible to preserve evidence—including photographs of any signage, witness statements, and any communication with the property owner. The earlier an attorney becomes involved, the more options may be available, including pretrial diversion or an early negotiation with the Commonwealth’s Attorney. To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.
What is the penalty for a misdemeanor in Arlington County, Virginia?
A Class 1 misdemeanor carries up to 12 months in jail and a $2,500 fine; a Class 2 misdemeanor carries up to 6 months in jail and a $1,000 fine. Trespassing under Va. Code § 18.2‑119 is a Class 1 misdemeanor. In addition to incarceration and fines, a conviction creates a permanent criminal record that can affect employment, professional licenses, and housing eligibility. The Arlington County General District Court at 1425 N. Courthouse Rd hears misdemeanor cases. The firm has documented 21 results in Arlington County criminal matters—11 dismissed or not guilty, 10 reduced or amended. Results may vary.
Can trespassing charges be expunged in Arlington County?
Virginia allows expungement for charges that end in acquittal, dismissal, or nolle prosequi under Va. Code § 19.2‑392.2. If a trespassing charge is dismissed or the Commonwealth drops the case, a petition for expungement can be filed in the Arlington County Circuit Court. Convictions generally cannot be expunged, which is why achieving a dismissal or amendment is critical. If a first‑offender program is completed and the charge dismissed, expungement may be available. For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
Who are the attorneys handling trespassing cases in Arlington County?
Mr. Sris and the firm’s Of Counsel attorneys handle trespassing defense in Arlington County, including an Of Counsel lawyer who is a former Virginia State Trooper. Mr. Sris, a former prosecutor and the firm’s Owner and Founder, appears in the Arlington County courts alongside the firm’s defense team. The lead criminal defense attorney for the Arlington location has over 15 years of prior law enforcement service and firsthand knowledge of police procedures and investigative methods. This combination of prosecutorial and law enforcement insight strengthens the firm’s ability to challenge the Commonwealth’s evidence and negotiate favorable resolutions. To request a consultation, call (888) 437‑7747.
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Case results depend on a variety of factors unique to each case.