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Trespassing


Trespassing Charges In Virginia Beach

Despite what many people may think, trespassing is a rather serious criminal charge in Virginia. With few exceptions, trespassing is a Class 1 Misdemeanor offense, punishable by a fine of up to $2500 and up to 12 months in jail. The classification of the charge is the same as possession of marijuana, assault and battery, or DUI.

Simple Trespassing

Any charge of trespassing can only be supported if the person charged has previously been prohibited from the property by the owner or his designee, or if there a clearly posted signs forbidding entry to the property, or if by court order. Simply being on another’s property is not enough to support a conviction. However, if you are asked to leave the property, you must immediately removed yourself. Remaining on the property after being asked to leave is trespassing.

In addition to the individual who commits a trespassing offense, it 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.

Other Trespassing Charges In Virginia

Trespassing by entering property to spy through a window or door (“Peeping Tom”) (Class 1 Misdemeanor)
Trespassing at night in a cemetery (Class 3 Misdemeanor)
Trespassing by shining a spotlight on land used by livestock (Class 3 Misdemeanor)
Trespassing by entering at night on a church or school property (Class 3 Misdemeanor)
Trespassing to hunt or fish (Class 3 Misdemeanor)

Conspiracy to commit trespassing

Contact An Attorney In Virginia Beach For Trespassing

Our criminal defense attorneys have helped many individuals charged with trespassing charges of all varieties. Many cases can be dismissed immediately if the facts are not sufficient, or the judge may allow a deferred finding in some circumstances. Contact our office today to speak confidentially about your case. (757) 422-4646.

Virginia Statutes:

§ 18.2-119. Trespass after having been forbidden to do so; penalties.
§ 18.2-119.1. Validity of signs forbidding trespass; penalty.
§ 18.2-120. Instigating, etc., such trespass by others; preventing service to persons not forbidden to trespass.
§ 18.2-121. Entering property of another for purpose of damaging it, etc.
§ 18.2-121.1. Permitting certain animals to run at large.
§ 18.2-121.2. Trespass by spotlight on agricultural land.
§ 18.2-124. Jurisdiction over offenses committed in Capitol Square.
§ 18.2-125. Trespass at night upon any cemetery.
§ 18.2-126. Violation of sepulture; defilement of a dead human body; penalties.
§ 18.2-127. Injuries to churches, church property, cemeteries, burial grounds, etc.; penalty.
§ 18.2-128. Trespass upon church or school property.
§ 18.2-130. Peeping or spying into dwelling or enclosure.
§ 18.2-131. Trespass upon licensed shooting preserve.
§ 18.2-132. Trespass by hunters and fishers.
§ 18.2-133. Refusal of person on land, etc., of another to identify himself.
§ 18.2-134. Trespass on posted property.
§ 18.2-134.1. Method of posting lands.
§ 18.2-135. Destruction of posted signs; posting land of another.
§ 18.2-136. Right of certain hunters to go on lands of another; carrying firearms or bows and arrows prohibited.
§ 18.2-136.1. Enforcement of §§ 18.2-131 through 18.2-135.