Trespass Defense Lawyer Fairfax County, VA

You were asked to leave a property in Fairfax County, and now you are facing a criminal trespass charge. Perhaps a misunderstanding with a neighbor escalated, or you returned to a place where you were no longer welcome. Whatever the circumstances, a conviction can mean jail time, fines, and a criminal record that follows you. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys defend clients against trespass allegations in Fairfax County courts. Call (888) 437-7747 to discuss your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

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Defense Strategy Options in Fairfax County Trespass Cases

Under Virginia Code § 18.2-119, a person commits criminal trespass by going onto or remaining on another’s land, building, or premises after having been forbidden to do so—by an owner, lessee, custodian, or an authorized person—either orally, in writing, or by posted sign. A trespass charge in Fairfax County is typically a Class 1 misdemeanor. The Commonwealth’s Attorney’s Office prosecutes these cases at the Fairfax County General District Court.

The firm’s approach to trespass defense examines each element the Commonwealth must prove. A defense may challenge whether the defendant received adequate notice that entry was forbidden, whether the alleged notice came from a person with authority to bar access, or whether the defendant remained on the property after being told to leave. In some situations, consent or a claim of right may negate the element of being forbidden. Mr. Sris and the firm’s Of Counsel attorneys also examine whether law enforcement obtained statements or evidence in a manner consistent with constitutional requirements. If procedural problems exist, a motion to suppress or a negotiated resolution may be appropriate.

What to Expect When You Face a Trespass Charge in Fairfax County

After arrest or issuance of a summons, the case begins with an arraignment at the Fairfax County General District Court, located at 4110 Chain Bridge Road, Suite 210, Fairfax, VA 22030. At arraignment, the court informs the accused of the charges and sets a trial date. Misdemeanor trespass trials are heard in General District Court unless the defendant appeals to the Fairfax County Circuit Court. If the case involves aggravating factors that elevate the charge to a felony—for instance, trespass with intent to commit a felony or while in possession of a firearm—the General District Court conducts a preliminary hearing to determine whether probable cause exists, after which the felony charge proceeds to Circuit Court.

Fairfax County General District Court is currently presided over by Hon. Michael Joseph Holleran. Court hours: Mon-Fri 8:00AM-4:00PM. Counsel appearing on criminal matters should plan filings accordingly.

Throughout the process, Mr. Sris and the firm’s Of Counsel attorneys can negotiate with the prosecutor, explore diversion or first-offender programs when available, and prepare the case for trial if a fair resolution cannot be reached. While Virginia does allow plea bargaining under Supreme Court Rule 3A:8, the judge is not a party to those negotiations. The firm works to present the strong $1 at every stage.

Penalty Overview for Trespass After Being Forbidden

A conviction under Virginia Code § 18.2-119 for trespass after being forbidden is a Class 1 misdemeanor. The maximum penalty is up to 12 months in jail and a fine of up to . In addition to the direct punishment, a criminal conviction can affect employment opportunities, professional licensing, security clearances, and immigration status. A trespass conviction may also be considered a crime involving moral turpitude for certain purposes. Because the stakes are high, an experienced defense is important from the beginning. The firm does not promise a particular outcome; each case depends on its unique facts. Results may vary.

Attorney Credentials

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced since 1997. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). His understanding of the prosecution’s perspective, combined with the firm’s multi-state experience, informs the defense strategy in every Fairfax County trespass case.

Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience. The team includes attorneys who served in law enforcement and as prosecutors, providing insight into how the other side builds its case. Together, they handle criminal defense matters throughout Northern Virginia, including trespass charges at the Fairfax County General District Court and Fairfax County Circuit Court. Results may vary.

Frequently Asked Questions

What is the penalty for trespassing in Fairfax County, Virginia?

Trespass after being forbidden is a Class 1 misdemeanor in Virginia, punishable by up to 12 months in jail and a fine up to . The charge is brought under Va. Code § 18.2-119 and is prosecuted in Fairfax County General District Court. A conviction creates a permanent criminal record and may affect employment, housing, and professional licenses. For a first offense, the court may consider alternatives such as probation or community service. An attorney can evaluate whether a dismissal or reduction is possible.

Can a trespass charge be dismissed in Fairfax County?

Yes, a trespass charge may be dismissed if the Commonwealth cannot prove every element of the offense. For example, if the notice to leave was not given by a person with authority or if the defendant had a legitimate right to be on the property, the charge may not stand. Procedural errors in the arrest or citation can also lead to dismissal. The firm’s attorneys examine the evidence for weaknesses and negotiate with the prosecutor when appropriate.

Do I need a lawyer for a trespass charge in Fairfax County?

While you may represent yourself, having an experienced attorney is strongly recommended because a criminal conviction carries serious consequences. A lawyer can challenge the evidence, negotiate with the Commonwealth’s Attorney, and advise on options such as a first-offender disposition. In Fairfax County, the General District Court does not appoint counsel for misdemeanor charges unless jail is likely to be imposed. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 to discuss your case.

What are common defenses to trespassing in Virginia?

Common defenses include lack of proper notice, consent to enter, or a claim of right to be on the property. The statute requires that a person be forbidden from entering or remaining by someone with authority. If the notice was ambiguous or the person giving the notice lacked authority, the charge may be challenged. Additionally, if the defendant reasonably believed they had permission to be there, that may negate the required criminal intent.

How does the court process work after a trespass arrest in Fairfax County?

After arrest or receiving a summons, you will appear for arraignment at the Fairfax County General District Court. The judge explains the charge, advises you of the right to counsel, and sets a trial date. Misdemeanor trials generally take place within a few weeks. If you wish to appeal a conviction, you have the right to a new trial in the Fairfax County Circuit Court. For a free consultation, reach our Fairfax Location at (888) 437-7747.

What should I do if I am accused of trespassing in Fairfax County?

Remain silent and contact a criminal defense attorney immediately. Do not discuss the incident with anyone except your lawyer. Preserve any evidence, such as photographs, messages, or witness contact information. The sooner a lawyer gets involved, the more options may be available—including early negotiation and evidence preservation. To schedule a consultation, call (888) 437-7747.

Helpful Resources

For further information about trespass law and the courts that handle these cases in Virginia:

Speak with a Trespass Defense Lawyer

Mr. Sris and the firm’s Of Counsel attorneys help individuals facing trespass charges in Fairfax County. To request a consultation, call (888) 437-7747. The Fairfax Location is at 4008 Williamsburg Court, Fairfax, VA 22032; appointments are by appointment only.

Serve Neighboring Jurisdictions

In addition to Fairfax County, the firm handles criminal defense matters across Northern Virginia:

Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.

Case results depend on a variety of factors unique to each case.