Trespass Defense Lawyer Fauquier County — What Are Your Options?
A trespassing charge in Fauquier 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 Fauquier County and across Virginia. A skilled trespass defense lawyer Fauquier County can challenge the prosecution’s evidence of unlawful entry or remaining after being forbidden.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Trespassing Law and Penalties
Trespassing in Virginia is primarily governed by Va. Code § 18.2-119. The statute makes it unlawful to enter or remain upon the lands, buildings, or premises of another after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or other authorized person. The law firm was founded in 1997 by former prosecutor Mr. Sris.
In Fauquier County, these cases are prosecuted by the Commonwealth’s Attorney and heard at the Fauquier County General District Court located at 6 Court Street in Warrenton. A conviction creates a permanent criminal record.
In Fauquier County, a trespassing conviction carries up to 12 months in jail, a $2,500 fine, and a permanent criminal record.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Trespass After Forbidden (§ 18.2-119) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | None | Permanent criminal record; possible protective order. |
| Trespass on School Property (§ 18.2-128) | Class 3 Misdemeanor | None | Up to $500 | None | Enhanced if intent to commit crime. |
Results may vary. Prior results do not guarantee a similar outcome.
Local Court Process and Defense Strategy
Fauquier County General District Court handles all misdemeanor trespass trials. The Commonwealth’s Attorney must prove you entered or remained on property after being forbidden. A common defense is lack of proper notice; the property owner must show they gave clear, lawful warning. For a criminal trespass dismissed lawyer Fauquier County, our approach examines the specifics of the alleged prohibition and your intent.
- Arraignment: Your first court date at 6 Court Street, Warrenton. You will hear the formal charge and enter a plea.
- Pre-Trial Motions: Your attorney may file motions to suppress evidence or dismiss the charge if the warning was insufficient.
- Negotiation: Many trespass cases are resolved before trial through negotiation for a reduced charge or dismissal.
- Trial: If no agreement is reached, a bench trial before a judge will be scheduled in General District Court.
- Appeal: If convicted, you have an automatic right to appeal for a new jury trial in Fauquier County Circuit Court.
Firm Experience and Authority
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys combine over 120 years of legal experience. We have achieved over 4,739 documented case results firm-wide with a favorable outcome rate exceeding 93%. Our tagline, “Advocacy Without Borders,” reflects our commitment to vigorous representation. In Virginia, Mr. Sris personally played a key role in amending Va. Code § 20-107.3, demonstrating deep engagement with state law.
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
Documented Case Results
Our firm has a documented result in Fauquier County with a 100% favorable outcome rate for cases tracked. Firm-wide, we have secured dismissals and reductions in trespassing cases. For example, in Fairfax County, we have successfully amended charges like “Enter Building to Commit A&B” and “Petit Larceny” down to “Trespass After Forbidden.” Results may vary. Prior results do not guarantee a similar outcome. Our secondary attorney on complex criminal matters is Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems.
Contact Our Fauquier County Trespass Defense Lawyer
Our Fairfax location serves clients at the Fauquier County courts in Warrenton. We provide representation for a trespassing charge defense lawyer Fauquier County residents trust. Serving Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only. 24/7 phone consultations.
Frequently Asked Questions
What is the penalty for a misdemeanor in Fauquier County, Virginia?
A Class 1 misdemeanor in Fauquier County carries up to 12 months in jail and a $2,500 fine. Trespassing is typically a Class 1 misdemeanor. Cases are heard at Fauquier County General District Court at 6 Court Street, Warrenton.
Can criminal charges be expunged in Fauquier County, Virginia?
It depends. Virginia allows expungement for acquittals, dismissals, and nolle prosequi under Va. Code § 19.2-392.2. Most trespassing convictions cannot be expunged. The petition is filed in Fauquier County Circuit Court after a favorable outcome.
How does bail work in Fauquier County, Virginia?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors like simple trespass. Secured bond is typical for felonies. Bond can be appealed to Fauquier County General District Court.
Do I need a criminal defense lawyer for a trespassing charge in Fauquier County?
Yes. Even a misdemeanor trespass carries up to 12 months in jail and creates a permanent record. The Commonwealth’s Attorney prosecutes these cases. Having a trespass defense lawyer Fauquier County who knows the local court is critical.
What is the difference between GDC and Circuit Court in Fauquier County?
Fauquier County General District Court handles misdemeanor trespass trials. Fauquier County Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court if convicted in GDC.
For more information, see our Virginia Criminal Defense Lawyer hub page. We also assist clients in neighboring areas like Fairfax County and with related issues such as DUI defense in Fauquier County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. for current guidance.