Trespass Defense Lawyer Fairfax — Can Your Charge Be Dismissed?
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 in Fairfax County, including charges amended to lesser offenses.
Last verified: April 2026 | Fairfax County General District Court | Virginia General Assembly
Virginia Trespassing Law and Penalties
Trespassing in Virginia is defined under Va. Code § 18.2-119. The statute makes it unlawful to enter or remain upon the property of another without authority, after having been forbidden to do so. This includes land, buildings, and dwellings. The prosecution must prove you entered or remained without permission and that you knew you were not allowed to be there. Defenses often challenge whether proper notice was given or if you had an implied license to be present.
- Receive a summons or warrant for a trespassing charge.
- Consult with a trespass defense lawyer Fairfax immediately to review the facts.
- Your attorney will file for discovery to obtain the prosecution’s evidence.
- Build a defense strategy, such as challenging the “forbidden” notice or lack of intent.
- Negotiate for a dismissal or reduction, or prepare for trial in Fairfax County General District Court.
Potential Penalties for Trespassing in Fairfax
In Fairfax County, trespassing is a Class 1 misdemeanor punishable by up to 12 months in jail, a fine up to $2,500, and a permanent criminal record.
| 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 |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Trespass Cases in Fairfax
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of achieving favorable outcomes in Fairfax County courts. For example, we have successfully negotiated amendments where charges like petit larceny or unlawful entry were reduced to trespassing, or where trespass charges were dismissed outright.
Results may vary. Prior results do not guarantee a similar outcome.
Our approach is informed by direct knowledge of local court procedures and prosecutor tendencies.
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
Our team also includes Mr. Sris, the firm’s founder and a former prosecutor with a multi-state practice who provides strategic oversight on complex cases.
Local Defense for Fairfax County Trespass Charges
Law Offices Of SRIS, P.C. — Fairfax
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Our Fairfax location serves clients at the Fairfax County General District Court. We are a trespassing charge defense lawyer Fairfax resource for communities including Fairfax, Burke, Centreville, Chantilly, Herndon, Reston, McLean, Vienna, Tysons, Oakton, Springfield, Annandale, and the Falls Church area. We offer 24/7 phone consultations — meetings are by appointment only.
Trespass Defense Lawyer Fairfax FAQ
Can a trespassing charge be dismissed in Fairfax County?
Yes. A trespass charge can be dismissed if the defense successfully challenges the evidence that you were forbidden from the property or that you lacked intent. An experienced criminal trespass dismissed lawyer Fairfax can negotiate with prosecutors or present a motion to the court seeking dismissal.
What is the difference between trespassing and burglary?
It depends on intent. Trespassing under Va. Code § 18.2-119 involves unlawful entry or remaining. Burglary under Va. Code § 18.2-89 requires entering a dwelling at night with intent to commit a felony. The key distinction is the intent to commit another crime upon entry, which carries felony penalties.
Do I need a lawyer for a first-time trespassing charge?
Yes. Even a first-time misdemeanor carries a potential jail sentence and creates a permanent record. A lawyer can seek alternative resolutions like dismissal or a reduction to an infraction, which may avoid a criminal conviction.
Can I get an expungement if my trespass charge is dismissed?
Yes. Under Va. Code § 19.2-392.2, if your trespassing charge is dismissed, you are eligible to petition the Fairfax County Circuit Court for an expungement to seal the record from public view.
What should I do if I am charged with trespassing?
First, do not discuss the case with anyone except your attorney. Second, contact a trespass defense lawyer Fairfax immediately. Third, gather any evidence you have, such as texts, emails, or witness information, that shows you had permission to be on the property.
For more information on court procedures, visit the Fairfax County General District Court website.
If you are facing related charges, you may also need a DUI lawyer in Fairfax. For other criminal matters, see our Virginia criminal defense hub or our page for defense lawyers in Falls Church.