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Fairfax County Trespassing Virginia Lawyer Private Property Code 18.2-119

Trespassing in violation of Va. Ann. § 18.2-119

Have you been charged with trespassing per the Code of Virginia and need a lawyer to defend you?

Are you concerned about the consequences of being charged with trespassing per the Code of Virginia

For a lot of our clients, a trespassing charge per the Code of Virginia can result in the loss of their job, their security clearance or even their immigration status.

Don’t risk going to court without a lawyer, if you have been charged with trespassing per the Code of Virginia.  Contact our law firm for help and speak with a lawyer today.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Below is a sample case of trespassing per the Code of Virginia.

John v. Commonwealth

Facts:

Defendant was convicted of criminal trespass by a jury under Va. Code Ann. § 18.2-119 after having failed to vacate private property in Fairfax County, which he initially had permission to occupy, after being given notice to vacate by the property owner. The court reversed and dismissed his conviction and held that the trial court had erred by denying his motion to set aside the verdict. The court found that there was insufficient evidence that he had the intent required for a conviction under § 18.2-119 and held that he had established that he had a bona fide claim of right to be on the property as a matter of law when he was arrested.

If you are facing a criminal case in Virginia, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747

Fairfax County Trespassing Virginia Lawyer Private Property Code 18.2-119
Fairfax County Trespassing Virginia Lawyer Private Property Code 18.2-119

Holdings:

The Virginia Court made the following holding:
  • On its face, the criminal trespass statute, Va. Code Ann. § 18.2-119, appears similar to common law civil trespass, but it uniformly has been construed to require a willful trespass. Criminal intent is an essential element of the statutory offense of trespass, even though the statute is silent as to intent, and if the act prohibited is committed in good faith under claim of right although the accused is mistaken as to his right, unless it is committed with force, no conviction will lie under § 18.2-119. Therefore, one cannot be convicted of trespass when one enters or stays upon the land under a bona fide claim of right. A good faith belief that one has a right to be on the premises negates criminal intent. 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, but it must rise to the level of authorization. Section 18.2-119 does not afford a substitute for landlord tenant disputes.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Fairfax Court House Detail:

Fairfax Circuit Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County General District Court

4110 Chain Bridge Road,
Fairfax, VA 22030.

Fairfax County Juvenile and Domestic Relations District Court

4110 Chain Bridge Road,
Fairfax, VA 22030-4020.

Article written by A Sris
Click to Chat

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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