Criminal Trespass in Virginia

Virginia Code Section 18.2-119 defines criminal trespass as unlawfully remaining upon the land of another after being forbidden to do so either orally or in writing.  Criminal trespass is a Class 1 misdemeanor and, as such, it carries a penalty of confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

Criminal intent is an essential element of the offense; specifically, the statute has been uniformly construed to require a willful trespass.  A good faith belief that one has a right to be on the premises negates the criminal intent.  An accused individual cannot be convicted of trespass if he enters or stays upon the land of another under a bona fide claim of right.  A bona fide claim of right is a sincere, although perhaps mistaken, good faith belief that one has some legal right to be on the property.  The claim need not be one of title or ownership, however, it must rise to the level of authorization.

If you or a loved one has been charged with trespassing in Virginia, contact Patel & Williams, PLLC to discuss the facts of your matter.