DEFENDING VIRGINIA TRESPASSING CASES
In Virginia, 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, then the person has committed an illegal act. This is a serious offense that carries life-changing consequences. To understand this offense, first consider that trespassing offenses involve some sort of warning or notice that either is ignored or unnoticed by the defendant.
Virginia trespassing laws prohibit entering another person’s land without permission or remaining on the land after being told to leave. Virginia trespassing laws do not apply to areas used for general public access or publicly owned buildings unless the person did not enter or remain on the property for any purpose associated with its function. Additionally, entering or remaining on property for that property’s function but then disrupting the function may be considered trespassing.
In Virginia, trespass is a crime against the property rights of another. For a person to be trespassing into the property of another in Virginia, a person in lawful possession of the property must have indicated to the trespasser that he or she was not to enter the property. This means that notice must be established. However, notice may be given in writing, orally or through the use of a sign. Additionally, in Virginia, the person providing the no trespass notice does not have to be the owner of the property, but only needs to be in lawful possession of the same. Therefore, a person renting a home, apartment or other dwelling has the right to keep undesired visitors away.
It shall be unlawful for any person to enter upon the property of another and secretly or furtively peep, spy or attempt to peep or spy into or through a window, door or other aperture of any building, structure, or other enclosure of any nature occupied or intended for occupancy as a dwelling, whether or not such building, structure or enclosure is permanently situated or transportable and whether or not such occupancy is permanent or temporary, or to do the same, without just cause, upon property owned by him and leased or rented to another under circumstances that would violate the occupant’s reasonable expectation of privacy.
At SRIS Law Group, we understand the impact of a criminal charge on your life, both in the short term and well into the future. Our highly skilled Virginia criminal defense attorneys will work diligently to minimize the impact of criminal charges against you.
If you are suspected of a crime or charged with a violation of law, you may require the services of a criminal defense lawyer to present your defense or negotiate a penalty. As different rules and procedures exist for different offenses, you should seek a criminal defense attorney who has worked on your particular type of case to provide you with the best defense.
Criminal defense law consists of the legal protections afforded to people who have been accused of committing a crime. Law enforcement agencies and government prosecutors have extensive resources at their disposal. Trespassing is also a Class 1 misdemeanor to encourage or urge someone to commit a trespassing. This charge requires that the individual urging the trespasser must know that individual has been forbidden to be on the property.
If you need the help of a trespass lawyer in Virginia in Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, Charles City, Frederick (Winchester), Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock, York, call our law firm immediately for help and speak to a lawyer about your options.
The SRIS Law Group can help you best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. trespass attorney in Virginia, call us at 855-696-3348.
