Norfolk Trespassing Lawyer

If you have recently been accused of trespassing, don’t overlook the potential consequences of being convicted of this crime. Most people assume that trespassing crimes are not serious, but if you are facing criminal charges, it is in your best interest to find a Norfolk trespassing lawyer. A knowledgeable defense attorney could walk you through the legal process if the case moves forward in court.

Laws Regarding Trespass Activities

Virginia Code 18.2-119, also known as trespassing after being forbidden to do so, could lead to criminal consequences. Trespassing is defined as when a landowner or any authorized agents tell a person not to enter that property or to leave it, and that same individual remains in the property or returns.

Landowners can communicate their warning to leave in several different ways, such as posting no trespassing signs, or by writing or telling a person orally that that individual is not welcome.

Trespassing Defenses

Trespassing is most often charged as a class one misdemeanor which could carry up to $2,500 in fines and as many as 12 months in jail. Since trespassing is a criminal offense, it could remain on the accused party’s criminal record forever in the event that they are convicted.

A possible defense that an experienced lawyer could use to trespassing involves proving that the party was not previously banned from the property and that a no trespassing sign was not properly posted. If the police arrest a party that is in an empty lot and the officer has no way of knowing or proving who the actual landowner is, this could also be raised as a potential defense. An additional trespassing charge might apply to hunters and fishermen.

Although this is not a common criminal charge, many people could accidentally find themselves facing criminal allegations when attempting to fish, trap or hunt. Violation of VA Code 18.2-134 is a class one misdemeanor punishable by up to $2,500 in fines and up to 12 months in jail. This violation of trespassing is slightly different from a traditional trespassing charge.

The party accused must have been trapping, hunting or fishing and must have been on a pond, land, water, boat or blind of another individual without permission.

What a Norfolk Trespassing Attorney Can Do For You

A Norfolk trespassing lawyer will tailor their responses and strategies to your unique situation. If you have been accused of trespassing of any form in the State of Virginia, you need to schedule a time to consult with an attorney who can prepare you for what to expect in the criminal adjudication process and the potential impacts that this could have on your future.

One of the first steps taken by a trespassing defense lawyer is to ask questions of the prosecution about the specifics of the charges. When your lawyer has been working in the local area for some time, knowledge of local laws, customs, and programs increase the possibility of getting the case dismissed or unearthing relevant information that could prove vital to your criminal defense strategy. Talk over your options with an attorney as soon as possible after you have been accused.