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. has documented results in trespass cases, including charges amended to lesser offenses.
Last verified: April 2026 | Augusta County General District Court | Virginia General Assembly
Virginia Trespassing Law and Defenses
Trespassing in Virginia is defined under 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 prosecution must prove you were on the property without authority and that you knew you were not allowed to be there. A trespass defense lawyer Augusta County examines whether proper notice was given and if the property boundaries were clearly defined.
- Secure representation immediately after receiving a summons or warrant.
- Your attorney will request discovery from the Commonwealth’s Attorney to review all evidence.
- We investigate the scene and witness statements to challenge the element of being “forbidden.”
- Negotiate with the prosecutor for a reduction or dismissal before trial, if possible.
- Prepare for a bench trial in Augusta County General District Court if a favorable plea cannot be reached.
Official Legal Resources
For the full text of the law, see the official Virginia trespass statute, Va. Code § 18.2-119. Court information and procedures can be found on the Augusta County General District Court website.
Potential Penalties for Trespassing in Augusta County
In Augusta County, a trespassing conviction is a Class 1 misdemeanor with a maximum penalty of 12 months in jail and a $2,500 fine, plus a permanent criminal record.
| 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; possible impact on employment, housing, and professional licenses. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience in Criminal Defense
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings over 120 years of combined legal experience to every case. We have a documented record of achieving favorable outcomes for clients facing misdemeanor and felony charges across Virginia. Our approach is grounded in a thorough investigation and aggressive advocacy from the start.
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 attorneys have successfully defended clients against various criminal charges. For example, we have secured amendments of more serious charges like concealment and burglary to trespassing. In one case, a charge of “Enter Building to Commit Assault & Battery” was amended to “Trespass After Forbidden.” In another, a “Petit Larceny” charge was amended to trespassing.
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, which provides an advantage in cases with financial or technical elements.
Contact Our Augusta County Trespass Defense Lawyer
Our Shenandoah/Woodstock location serves clients in Augusta County, including Staunton, Waynesboro, Fishersville, Stuarts Draft, Verona, and Churchville. We are accessible via I-81 and I-64. If you need a trespass defense lawyer near Augusta County General District Court, we can help.
Law Offices Of SRIS, P.C.
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.
Frequently Asked Questions
What is the penalty for a misdemeanor in Augusta County, Virginia?
A Class 1 misdemeanor in Augusta County carries up to 12 months in jail and a $2,500 fine. A Class 2 misdemeanor: up to 6 months/$1,000. Common charges include assault and battery (§ 18.2-57), petit larceny under $1,000 (§ 18.2-96), and trespassing (§ 18.2-119). Cases are heard at Augusta County General District Court.
Can criminal trespass be dismissed in Augusta County, Virginia?
Yes, a criminal trespass dismissed lawyer Augusta County can seek dismissal by proving lack of proper notice, mistaken identity, or lack of intent. First-time offenders may qualify for a first offender program under Va. Code § 19.2-303.2, where successful completion results in case dismissal.
Do I need a lawyer for a trespassing charge in Augusta County?
Yes. Even a misdemeanor trespass charge creates a permanent criminal record and carries jail time. The Commonwealth’s Attorney prosecutes these cases. A trespass defense lawyer Augusta County can protect your rights, challenge the evidence, and work toward a reduction or dismissal.
What is the difference between GDC and Circuit Court in Augusta County?
Augusta County General District Court (GDC) handles misdemeanor trespass trials. Augusta County Circuit Court handles felony jury trials and appeals from GDC. You have a right to a jury trial in Circuit Court for any offense carrying jail time.
How does bail work for a trespassing arrest in Augusta County?
A magistrate sets bond after arrest. Personal recognizance (no payment) is common for first-offense misdemeanors like trespass. Secured bond (requiring a bail bondsman) is more typical for felonies. Bond decisions can be appealed to the Augusta County General District Court.
Related Legal Information
If you are facing other charges, our firm also handles DUI defense in Augusta County and family law matters. For more information on criminal defense statewide, visit our Virginia criminal defense hub page. We also serve neighboring areas like Shenandoah County and Rockingham County.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.