Trespass Defense Lawyer Arlington County, VA
If you have been charged with trespass in Arlington County, Virginia, the charge is a criminal matter that can affect your record, your freedom, and your future. A trespass allegation—often arising from a confrontation at a private residence, a retail store, a bar, or a government building—moves quickly through the Arlington County General District Court on North Courthouse Road. Law Offices Of SRIS, P.C. Concentrates its practice in criminal defense, including trespass defense, and serves clients facing charges before the General District Court and the Arlington County Circuit Court. Mr. Sris, the firm’s Owner and Founder, and his Of Counsel team bring decades of experience to trespass defense. For a consultation about your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
Under Virginia Code § 18.2-119, trespass after being forbidden is a Class 1 misdemeanor, punishable by up to 12 months in jail and a $2,500 fine.
Source: Va. Code § 18.2-119. Virginia Code § 18.2-119
Reviewed by Mr. Sris, admitted in VA/MD/DC/NJ/NY.
What Trespass Defense Means in Arlington County
In Arlington County, a trespass charge is prosecuted as a criminal offense, not a civil dispute. The arrest or summons will typically direct you to appear at the Arlington County General District Court, located at 1425 N. Courthouse Rd, Suite 2400, Arlington, VA 22201. That court handles all misdemeanor trials, and trespass after being forbidden—the most common trespass charge—is a Class 1 misdemeanor. A conviction creates a permanent criminal record that can affect security clearances, professional licenses, and employment in the Washington, D.C., metropolitan area, where many Arlington residents work for the federal government or government contractors.
Virginia law requires the prosecution to prove that you went onto or remained on property after being told to leave, either by a person with authority or by a posted sign. The case may involve a business owner, a neighbor, a landlord, or a law enforcement officer. Because the offense is a misdemeanor, the case proceeds in General District Court, where a judge—not a jury—hears the evidence. If convicted, the judge imposes the sentence. A defendant who wishes to appeal or who faces a felony trespass charge may have the case heard in Arlington County Circuit Court, where a jury trial is available. Understanding this two-tier court structure is a key reason to involve counsel early.
How Mr. Sris and His Of Counsel Handle Trespass Defense Cases
Mr. Sris and his Of Counsel approach each trespass case by examining the factual foundation: who provided the warning, whether the warning was clear and lawful, and whether the property was posted in compliance with the statute. They consider whether the property was a public accommodation, whether the defendant had a right to be present under a lease or other authorization, and whether the alleged trespass occurred during a dispute that may give rise to other charges or defenses. In Arlington County, the Commonwealth’s Attorney’s Office prosecutes trespass matters, and the firm’s experience appearing before that office in the Seventeenth Judicial District allows it to assess when a charge might be amended or dismissed before trial.
Defense preparation includes reviewing the summons and any police report, identifying possible procedural challenges, and discussing with the client whether the Commonwealth’s evidence meets the statutory elements. If a trial is necessary, Mr. Sris and his Of Counsel present the defense in General District Court or Circuit Court. The firm works to resolve trespass cases efficiently and to minimize long-term consequences for the client. Mr. Sris and his Of Counsel have documented 21 case results in Arlington County criminal matters—11 dismissed or not guilty and 10 reduced or amended, a favorable outcome in all reported instances. Results may vary.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He founded the firm in 1997 and brings decades of criminal law experience to trespass defense. He testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His Of Counsel team includes a former Virginia State Trooper who spent 15 years in law enforcement, conducting criminal investigations and understanding police procedures from the officer’s perspective. Together, Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved over 4,739 documented firm-wide case results. Results may vary. The team’s background means that a trespass case is analyzed both from the prosecution side and from the defense side, identifying weaknesses in the Commonwealth’s case that a less experienced practitioner might overlook. The firm’s Arlington location—1655 Fort Myer Dr, Suite 700, Room 719, Arlington, VA 22209—is by appointment only. Call (888) 437-7747 to schedule.
Frequently Asked Questions
What must the prosecution prove for a trespass conviction in Arlington County?
The prosecution must prove beyond a reasonable doubt that you went onto or remained on another’s property after having been forbidden to do so by a person authorized to give that warning or by a sign that meets the statutory requirements. Virginia Code § 18.2-119 requires that the warning came from the owner, lessee, custodian, or another person with authority. The Commonwealth’s case may be challenged if the warning was ambiguous, the sign was not posted as the law requires, or if you had a right to be on the property. An experienced criminal defense attorney evaluates these elements before a trial date.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Is trespass a misdemeanor or a felony in Arlington County?
Trespass after being forbidden under Va. Code § 18.2-119 is a Class 1 misdemeanor, carrying up to 12 months in jail and a $2,500 fine. However, if the trespass involves an occupied dwelling with intent to commit an assault, or if it occurs after a prior conviction under specific circumstances, the charge may be elevated. Even a misdemeanor conviction results in a permanent record that can limit employment and licensing opportunities, particularly for Arlington residents who work in government-related fields.
To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Can a trespass charge be dismissed or expunged in Arlington County?
A trespass charge may be dismissed if the prosecution cannot meet its burden or if a successful defense is presented at trial; if dismissed, the record may be eligible for expungement under Va. Code § 19.2-392.2. Expungement is generally available for acquittals, nolle prosequi, and dismissals. The petition is filed in Arlington County Circuit Court after the case is resolved. Convictions cannot be expunged. Early involvement of counsel increases the opportunity to resolve the charge without a conviction.
For a consultation, reach Mr. Sris and his Of Counsel at (888) 437-7747.
What should I do immediately after being charged with trespass in Arlington County?
Remain calm, do not discuss the facts of the case with anyone except your attorney, and note the date, time, and court appearance listed on the summons. Arlington County General District Court operates Monday through Friday, and you must appear on the date assigned. Missing a court date can result in an additional charge for failure to appear. Preserve any evidence, such as photographs of the property, signs, or communications with the property owner. Then contact an experienced criminal defense attorney to review the charge and prepare your case.
For guidance on your specific situation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How does a lawyer defend against a trespass charge?
Defense strategies focus on challenging the warning element—whether it was given by a person with authority or whether a posted sign complied with Virginia law—and establishing that you had permission or a right to be on the property. Other approaches include arguing that the property was open to the public, that the defendant left within a reasonable time after being told to leave, or that the identification of the defendant is questionable. The firm’s Of Counsel includes a former Virginia State Trooper who understands how officers investigate and document trespass allegations, which can be key to identifying procedural gaps in the Commonwealth’s case.
To discuss the details of your matter, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Our criminal defense practice also serves: Fairfax County, Prince William County, Stafford County, Fauquier County, Loudoun County.
Primary authority: Virginia Code Title 18.2 • Virginia Judicial System
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.