Augusta County Trespass Defense Lawyer — Can Your Charge Be Dismissed?
A trespassing charge in Augusta 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. provides strong defense strategies for clients at Augusta County General District Court. Our trespass defense lawyer Augusta County team has secured dismissals and reductions in similar cases.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Virginia Trespassing Law and Penalties
Trespassing in Virginia is defined under Va. Code § 18.2-119. The statute makes it unlawful to enter or remain on the property of another, including lands, buildings, or vehicles, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or other authorized person. A trespass defense lawyer Augusta County can challenge whether proper notice was given or if you had a lawful right to be present.
The charge is a Class 1 misdemeanor, the most serious misdemeanor category in Virginia. If convicted, penalties include up to 12 months in jail, a fine of up to $2,500, and a permanent criminal record. This record can affect employment, housing, and professional licensing. The case is prosecuted by the Augusta County Commonwealth’s Attorney and heard at the Augusta County General District Court located at 6 East Johnson Street, 2nd Floor, Staunton, VA 24401.
Building a defense requires a detailed review of the circumstances. Key questions include: Was there a visible “no trespassing” sign? Did the owner or agent clearly tell you to leave? Did you have an implied license to be there (e.g., as a customer)? Were you mistakenly identified? A thorough investigation by your attorney can uncover weaknesses in the prosecution’s case.
- Initial Consultation: Contact our firm immediately after being charged. We will review the summons or warrant and discuss the specific allegations against you.
- Case Investigation: Your attorney will gather evidence, which may include visiting the property, interviewing witnesses, and obtaining any security footage or written communications.
- Pre-Trial Strategy: We will analyze the strength of the Commonwealth’s evidence and identify legal defenses, such as lack of proper notice or mistaken identity.
- Court Appearances: We will represent you at all hearings in Augusta County General District Court, advocating for dismissal, reduction, or a favorable plea agreement.
- Resolution: Our goal is to achieve the best possible outcome, whether that is a full dismissal, an amendment to a lesser offense, or participation in a first-offender program to avoid a conviction.
In Augusta County, a trespassing conviction carries up to 12 months in jail and a $2,500 fine, making a strong defense essential to protect your record and future.
| 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; impacts employment, housing, professional licenses |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Augusta County Trespass Defense Team
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. With over 120 years of combined attorney experience and more than 4,739 documented case results firm-wide, we bring a depth of knowledge to every case. Our firm-wide favorable outcome rate is over 93%. We understand the local procedures at Augusta County General District Court and have a track record of achieving positive results for clients facing misdemeanor charges.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
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 team includes former prosecutor Kristen Fisher, who brings firsthand knowledge of how trespassing cases are evaluated and prosecuted. Mr. Sris, the firm’s founder and a former prosecutor with a background in accounting and information systems, provides strategic oversight on complex cases. We have a documented history of achieving dismissals and reductions for clients. For instance, in Fairfax County, our attorneys have successfully had charges like Concealment of Merchandise and Petit Larceny amended to trespassing. Results may vary.
Trespass Defense Lawyer Near Augusta County
Our Shenandoah/Woodstock location serves clients in Augusta County, Staunton, and Waynesboro. We are accessible via I-81 and I-64. If you need a trespass defense lawyer near the Augusta County courthouse in Staunton, contact us for a consultation.
Law Offices Of SRIS, P.C. — Shenandoah/Woodstock
505 N Main St #103, Woodstock, VA 22664
Toll-Free: (888) 437-7747
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. We serve the communities of Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville.
Frequently Asked Questions: Trespassing Charges in Augusta County
Can a trespassing charge be dismissed in Augusta County?
Yes. A criminal trespass dismissed lawyer Augusta County can seek dismissal by proving lack of proper notice, mistaken identity, or that you had a lawful right to be on the property. Participation in a first-offender program may also lead to dismissal upon completion.
What should I do if I am charged with trespassing?
Do not discuss the case with anyone except your attorney. Contact a trespass defense lawyer Augusta County immediately. Gather any evidence you have, such as text messages, emails, or witness information, and provide it to your lawyer for review.
Is trespassing a felony in Virginia?
No. Simple trespassing under § 18.2-119 is a Class 1 misdemeanor. However, trespassing with the intent to damage property or commit another crime can be charged as a felony under different statutes.
How long does a trespassing case take in Augusta County?
It depends. A clear case in Augusta County General District Court may be resolved in 4-8 weeks. If the case is complex or appealed to Circuit Court, it can take several months. Your attorney can give a more specific timeline after reviewing your case.
Do I need a lawyer for a first-time trespassing charge?
Yes. Even a first-time misdemeanor carries the potential for jail time and will create a permanent criminal record. A trespassing charge defense lawyer Augusta County can work to avoid a conviction, potentially through a first-offender program or dismissal.
For more information on related defenses, see our pages on Augusta County criminal defense and Virginia criminal defense lawyers. We also assist clients in neighboring areas like Shenandoah County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.