Augusta County Trespassing Lawyer — What Are Your Defense Options?
A trespassing charge in Augusta County is a criminal offense under Va. Code § 18.2-119, carrying potential jail time and a permanent record. Law Offices Of SRIS, P.C. has documented case results in the Shenandoah Valley. A skilled trespassing lawyer Augusta County can challenge the prosecution’s evidence of unlawful entry. Contact us 24/7 for a case review.
Virginia Trespassing Law and Penalties
Trespassing in Virginia, defined under Va. Code § 18.2-119, involves entering or remaining on the property of another without authority after being forbidden to do so. This can include land, buildings, or dwellings. In Augusta County, these cases are prosecuted by the Commonwealth’s Attorney and heard at the Augusta County General District Court.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Founded in 1997 by former prosecutor Mr. Sris, our firm brings a foundational understanding of how these charges are built and how to defend against them.
Official Legal Resources
For the official Virginia statute, see Va. Code § 18.2-119 (official Virginia General Assembly). Court information for Augusta County is available at the Augusta County General District Court website.
Augusta County Court Process for Trespassing Charges
In Augusta County, a trespass charge defense lawyer Augusta County must handle the local court procedures effectively. The Augusta County General District Court handles all misdemeanor trespassing trials. Prosecutors must prove you entered or remained on property without authority after being forbidden, either orally, in writing, or by posted signs.
- Arraignment: You will be formally advised of the charge and enter a plea of not guilty, guilty, or no contest.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss the charge if your rights were violated.
- Negotiation: Your lawyer will discuss the case with the prosecutor, often seeking a reduction or dismissal based on the evidence.
- Trial: If no agreement is reached, your case proceeds to a bench trial before a judge at the Augusta County General District Court.
- Sentencing or Appeal: If convicted, sentencing occurs. You have the right to appeal to the Augusta County Circuit Court for a new trial.
Potential Penalties for Trespassing in Augusta County
In Augusta County, simple 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 | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Trespassing (Va. Code § 18.2-119) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Permanent criminal record |
| Unlawful Entry (Va. Code § 18.2-119) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Can affect employment, housing |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Criminal Defense in Virginia
Law Offices Of SRIS, P.C. was founded in 1997. Our team includes former prosecutors and a former Virginia State Trooper, providing combined insight into both sides of a criminal case. We have handled numerous trespass and unlawful entry cases across Virginia’s courts. For example, our attorneys have successfully negotiated amendments from more serious charges like concealment to trespassing, demonstrating strategic case resolution.
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 firm’s managing attorney, Mr. Sris, is a former prosecutor who founded the firm and maintains a multi-state practice. His background in accounting and information systems is particularly valuable in cases involving complex evidence.
Case Results in Virginia Courts
Our firm has a documented history of achieving favorable outcomes in criminal cases. In one instance, we successfully amended a charge of “Conceal/Price Alter Merch<$200" to a trespassing charge in Fairfax County General District Court. In another case in Albemarle County, a "Drive Suspended" charge was amended to "No Driver's License." These results demonstrate our approach to mitigating consequences for our clients.
Results may vary. Prior results do not guarantee a similar outcome.
Trespassing Lawyer Near Augusta County, VA
Our Shenandoah/Woodstock location serves clients facing charges at the Augusta County General District Court in Staunton. We are accessible via I-81 and I-64. If you need a trespass charge defense lawyer Augusta County, we serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
Availability: 24/7 phone consultations — Toll-Free: (888) 437-7747 | Local: (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
Shenandoah/Woodstock Location
505 N Main St #103
Woodstock, VA 22664
By appointment only.
Frequently Asked Questions: Trespassing Defense in Augusta County
Is trespassing a misdemeanor in Virginia?
Yes. Simple trespassing under Va. Code § 18.2-119 is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine.
Can I go to jail for a first-time trespassing charge in Augusta County?
It depends. While the law allows for jail time, a first-time offender may be eligible for alternatives like probation, community service, or a first offender program under Va. Code § 19.2-303.2. An unlawful entry defense lawyer Augusta County can advocate for these options.
What is the difference between trespassing and unlawful entry in Virginia?
In Virginia, “unlawful entry” is the language often used to describe the offense defined in the trespassing statute, Va. Code § 18.2-119. They generally refer to the same crime: entering or remaining on property without authority after being forbidden.
Do I need a lawyer for a trespassing ticket in Augusta County?
Yes. A criminal conviction creates a permanent record. A trespassing lawyer Augusta County can work to get the charge dismissed or reduced, potentially avoiding jail and protecting your record.
What are common defenses to a trespassing charge?
Common defenses include lack of proper notice (no sign or warning), having actual authority to be on the property, mistaken identity, or that the alleged act was accidental. An attorney will examine the specific facts of your case.
Can a trespassing charge be expunged in Virginia?
Yes, but only under specific conditions. If the charge is dismissed, you are acquitted, or the prosecution enters a nolle prosequi, you may petition for expungement under Va. Code § 19.2-392.2. Most convictions cannot be expunged.
For more information on related legal matters in the area, see our pages on Virginia Criminal Defense, or consider our services for DUI defense in Augusta County. We also assist clients in neighboring jurisdictions like Shenandoah County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.