What is the sentence for trespassing in Virginia?

Answer 1

That would depend on which Class Misdemeanor or Felony you have been charged with. Here are some of the types of trespass, trespass as defined by the State of Virginia and at the bottom is a chart for Class 1 -6 Felony and Class 1-4 Misdemeanor indicating guide lines for prison, jail time and/or fines: Virginia Code § 18.2-119 defines the crime of trespassing as follows:

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by such persons or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.

The issue in many trespassing cases is twofold: has proper notice been provided that the person is not welcome in a particular area and exactly what area is the person prohibited from entering. The code identifies potentially four different ways in which notice of no trespassing may be accomplished. The four ways are: by oral request by a person in authority, by written request by a person in authority, by a posted sign in an area where it may reasonably be seen, by court order pursuant to specific code sections, even if the order is ex parte. An ex parte order is an order entered by a judge where the person who is the subject of the order is not present at the time the order is entered. For a person to be convicted of trespassing after the entering of an ex parte order, that person must have actually been served with a copy of the order. This means a sheriff or other properly authorized individual, delivered a copy of the order to the person who is the subject of the no trespass provision. A written or oral no trespass request can be for both public and private locations. For instance, places of business can request a person not to return to their location. Even a city can request that an individual not return to a certain park or parks. However, a private business can't ban a person from an area that is public access nor can a city ban a person from an area when doing so would interfere with a constitutionally protected right.

18.2-132. Trespass by hunters and fishers.Any person who goes on the lands, waters, ponds, boats or blinds of another to hunt, fish or trap without the consent of the landowner or his agent shall be deemed guilty of a Class 3 misdemeanor.(Code 1950, § 29-165; 1954, c. 155; 1962, c. 469; 1975, cc. 14, 15.)

§ 18.2-136. Right of certain hunters to go on lands of another; carrying firearms or bows and arrows prohibited.Fox hunters and coon hunters, when the chase begins on other lands, may follow their dogs on prohibited lands, and hunters of all other game, when the chase begins on other lands, may go upon prohibited lands to retrieve their dogs, but may not carry firearms or bows and arrows on their persons or hunt any game while thereon. The use of vehicles to retrieve dogs on prohibited lands shall be allowed only with the permission of the landowner or his agent.(Code 1950, § 29-168; 1964, c. 600; 1975, cc. 14, 15; 1988, c. 593; 1991, cc. 317, 327.) 18.2-134. Trespass on posted property.Any person who goes on the lands, waters, ponds, boats or blinds of another, which have been posted in accordance with the provisions of § 18.2-134.1, to hunt, fish or trap except with the written consent of or in the presence of the owner or his agent shall be guilty of a Class 1 misdemeanor. (Code 1950, § 29-166; 1954, c. 155; 1962, c. 469; 1975, cc. 14, 15; 1987, c. 603.) § 18.2-131. Trespass upon licensed shooting preserve.It shall be unlawful for any person to trespass on a licensed shooting preserve. Any person convicted of such trespass shall be guilty of a Class 4 misdemeanor and shall be responsible for all damage. Owners or keepers of dogs trespassing on preserves shall be responsible for all damage done by such dogs.(Code 1950, § 29-49; 1975, cc. 14, 15.) § 18.2-152.4. Computer trespass; penalty.A. It shall be unlawful for any person, with malicious intent, to:1. Temporarily or permanently remove, halt, or otherwise disable any computer data, computer programs or computer software from a computer or computer network;2.Cause a computer to malfunction, regardless of how long the malfunction persists;3. Alter, disable, or erase any computer data, computer programs or computer software;4.Effect the creation or alteration of a financial instrument or of an electronic transfer of funds;5. Use a computer or computer network to cause physical injury to the property of another; or 6. Use a computer or computer network to make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs or computer software residing in, communicated by, or produced by a computer or computer network. 7. [Repealed.] B. Any person who violates this section shall be guilty of computer trespass, which offense shall be punishable as a Class 1 misdemeanor. If there is damage to the property of another valued at $1,000 or more caused by such person's act in violation of this section, the offense shall be punishable as a Class 6 felony.C. Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services, or computer software or to create any liability by reason of terms or conditions adopted by, or technical measures implemented by, a Virginia-based electronic mail service provider to prevent the transmission of unsolicited electronic mail in violation of this article. Nothing in this section shall be construed to prohibit the monitoring of computer usage of, the otherwise lawful copying of data of, or the denial of computer or internet access to a minor by a parent or legal guardian of the minor.(1984, c. 751; 1985, c. 322; 1990, c. 663; 1998, c. 892; 1999, cc. 886, 904, 905; 2002, c. 195; 2003, cc. 987, 1016; 2005, cc. 761, 812, 827 § 18.2-152.7. Personal trespass by computer; penalty.A. A person is guilty of the crime of personal trespass by computer when he uses a computer or computer network to cause physical injury to an individual. B. If committed maliciously, the crime of personal trespass by computer shall be punishable as a Class 3 felony. If such act is done unlawfully but not maliciously, the crime of personal trespass by computer shall be punishable as a Class 6 felony. (1984, c. 751; 1985, c. 322; 2003, cc. 987, 1016; 2005, cc. 746, 761, 827.) § 18.2-159. Trespassing on railroad track. Any person who goes upon the track of a railroad other than to pass over such road at a public or private crossing, or who willfully rides, drives or leads any animal or contrives for any animal to go on such track except to cross as aforesaid, without the consent of the railroad company or person operating such road, shall be guilty of a Class 4 misdemeanor. A second violation of the provisions of this section occurring within two years of the first violation shall be punishable as a Class 3 misdemeanor. A third or subsequent violation of the provisions of this section occurring within two years of a second or a subsequent violation shall be punishable as a Class 1 misdemeanor. This section shall not apply to any section of track which has been legally abandoned pursuant to an order of a federal or state agency having jurisdiction over the track and is not being used for railroad service. For purposes of this section, track shall mean the rail, ties, and ballast of the railroad. (Code 1950, § 18.1-148; 1960, c. 358; 1975, cc. 14, 15; 1993, c. 845.) § 18.2-160. Trespassing on railroad trains.If any person, not being a passenger or employee, shall be found trespassing upon any railroad car or train of any railroad in this Commonwealth, by riding on any car, or any part thereof, on its arrival, stay or departure at or from any station or depot of such railroad, or on the passage of any such car or train over any part of any such railroad, such person shall be guilty of a Class 4 misdemeanor. (Code 1950, § 18.1-150; 1960, c. 358; 1975, cc. 14, 15.) § 18.2-162. Damage or trespass to public services or utilities. Any person who shall intentionally destroy or damage any facility which is used to furnish oil, telegraph, telephone, electric, gas, sewer, wastewater or water service to the public, shall be guilty of a Class 4 felony, provided that in the event the destruction or damage may be remedied or repaired for $200 or less such act shall constitute a Class 3 misdemeanor. On electric generating property marked with no trespassing signs, the security personnel of a utility may detain a trespasser for a period not to exceed one hour pending arrival of a law-enforcement officer. Notwithstanding any other provisions of this title, any person who shall intentionally destroy or damage, or attempt to destroy or damage, any such facility, equipment or material connected therewith, the destruction or damage of which might, in any manner, threaten the release of radioactive materials or ionizing radiation beyond the areas in which they are normally used or contained, shall be guilty of a Class 4 felony, provided that in the event the destruction or damage results in the death of another due to exposure to radioactive materials or ionizing radiation, such person shall be guilty of a Class 2 felony; provided further, that in the event the destruction or damage results in injury to another, such person shall be guilty of a Class 3 felony. (Code 1950, § 18.1-158; 1960, c. 358; 1964, c. 224; 1966, c. 446; 1975, cc. 14, 15; 1980, c. 548; 1981, c. 197; 1985, c. 299; 1992, c. 352.) § 18.2-128. Trespass upon church or school property.A. Any person who, without the consent of some person authorized to give such consent, goes or enters upon, in the nighttime, the premises or property of any church or upon any school property for any purpose other than to attend a meeting or service held or conducted in such church or school property, shall be guilty of a Class 3 misdemeanor. B. It shall be unlawful for any person, whether or not a church member or student, to enter upon or remain upon any church or school property in violation of (i) any direction to vacate the property by a person authorized to give such direction or (ii) any posted notice which contains such information, posted at a place where it reasonably may be seen. Each time such person enters upon or remains on the posted premises or after such direction that person refuses to vacate such property, it shall constitute a separate offense.A violation of this subsection shall be punishable as a Class 1 misdemeanor, except that any person, other than a parent, who violates this subsection on school property with the intent to abduct a student shall be guilty of a Class 6 felony.C. For purposes of this section: (i) "school property" includes a school bus as defined in § 46.2-100 and (ii) "church" means any place of worship and includes any educational building or community center owned or leased by a church.(Code 1950, § 18.1-182; 1960, c. 358; 1975, cc. 14, 15; 1988, c. 497; 1989, c. 680; 1993, c. 961; 1994, c. 326; 1995, cc. 493, 642; 1997, c. 779.)

§ 18.2-125. Trespass at night upon any cemetery.If any person, without the consent of the owner, proprietor or custodian, go or enter in the nighttime, upon the premises, property, driveways or walks of any cemetery, either public or private, for any purpose other than to visit the burial lot or grave of some member of his family, he shall be guilty of a Class 4 misdemeanor. (Code 1950, § 18.1-181; 1960, c. 358; 1975, cc. 14, 15.) § 18.2-121.2. Trespass by spotlight on agricultural land.If any person shall willfully use a spotlight or similar lighting apparatus to cast a light upon private property used for livestock or crops without the written permission of the person in legal possession of such property, he shall be guilty of a Class 3 misdemeanor. The prohibition of this section shall not apply to light cast by (i) permanently installed outdoor lighting fixtures, (ii) headlamps on vehicles moving in normal travel on public or private roads, (iii) railroad locomotives or rolling stock being operated on the tracks or right-of-way of a railroad company, (iv) aircraft or watercraft, (v)apparatus used by employees of any public utility in maintaining the utility's lines and equipment, (vi) apparatus used by members of rescue squads or fire departments in the performance of their official duties, (vii) apparatus used by any law-enforcement officer in the performance of his official duties, or (viii) farm machinery or motor vehicles being used in normal farming operations. (1981, c. 460.) 1. Virginia Code §§18.2-9 through 18.2-11 outline the classification for both felony and misdemeanor offenses. There are four classes of misdemeanor offenses in Virginia. Class three and four misdemeanors are punishable with fines only while class one and two misdemeanors carry a potential one year or six month jail sentence respectively. There are six felony classes with the most severe punishment being class one. The chart below outlines the potential range of punishment for various classes of offenses. The chart differentiates between prison time and jail time. Prison time differs from jail time in that prison time is handled through the Virginia Department of Corrections at a designated prison facility while jail time is typically served at a county facility and managed by the local sheriff's department. PRISONJAIL FINE CLASS 1 FELONY DEATH / LIFE N/A $100,000 CLASS 2 FELONY 20 YRS TO LIFE N/A $100,000 CLASS 3 FELONY 5 TO 20 YRS N/A $100,000 CLASS 4 FELONY 2 TO 10 YRS N/A $100,000 CLASS 5 FELONY 1 TO 10 YRS MAX 12 MONTHS $2,500 CLASS 6 FELONY 1 TO 5 YRS MAX 12 MONTHS $2,500 CLASS 1 MISDEMEANOR N/A MAX 12 MONTHS $2,500 CLASS 2 MISDEMNEANOR N/A MAX 6 MONTHS $1,000 CLASS 3 MISDEMEANORN/A N/A $500 CLASS 4 MISDEMEANOR N/A N/A $250 2.All misdemeanor cases and most felony cases begin inGeneral District Court. It is likely that your first court appearance will be in General District Court and will be for arraignment. In Virginia, you are not required to enter a plea of guilty or not guilty at arraignment. Rather, the purpose of arraignment is simply to notify the accused of the charge, select a court date for trial or preliminary hearing and ascertain whether you will retain, waive or request that the court appoint counsel. In many instances, an attorney may appear on your behalf at arraignment and enter with the court a notice of appearance. This means that the attorney is now the attorney of record with the court and obligated to represent you before the court.

3. If you are charged with a misdemeanor, your next court date after arraignment will be your trial date. On your trial date, the judge will hear the evidence presented by the prosecutor including the testimony of witnesses and any documents that the prosecutor may need to get into evidence. At the close of the prosecutor's case, you will also have an opportunity to present your defense by having witnesses testify, placing documents into evidence if admissible and even testifying on your own behalf if advisable by your attorney. Ultimately, the prosecutor carries the burden of proof of guilt beyond reasonable doubt before a judge can find you guilty. In other words, even if you do not present a defense, a judge may still find you not guilty if there is insufficient evidence presented by the prosecutor.

4. While most felony cases begin in General District Court, this court does not have jurisdiction or authority to resolve felony cases. The function of General District Court with respect to felony cases is to hear evidence presented by the prosecutor through a preliminary hearing. The preliminary hearing or probable cause hearing as it is sometimes called, provides the accused with an opportunity to see a portion of the prosecution's case. However, since the burden of proof for the prosecutor's evidence is much lower than the "beyond reasonable doubt" standard required for trial, often the prosecutor will only present enough of the case for the judge to decide that there is sufficient evidence.

There may be times where an individual may want to waive the preliminary hearing; however, that is a strategy decision which should carefully be considered between the accused and the lawyer. If after a preliminary hearing the judge finds sufficient evidence or probable cause that the accused has been properly charged, the judge will certify the case to the Circuit Court where a Grand Jury will review the evidence and return an indictment for the offense.

5. The final resolution of a felony case is in Circuit Court. Typically, a Grand Jury will bring an indictment against the accused. Like a warrant, the indictment is the charging document used in Circuit Court. Once an indictment is brought, as in General District Court, the accused will be arraigned in Circuit Court on the felony charge and a court date will be set. The accused may either set a date for trial or for entering a guilty plea. If the case is set for entering a guilty plea, this hearing is called the disposition hearing. At this hearing the judge will advise the accused of his rights before accepting the guilty plea. Once the plea has been entered, often another hearing will be set for final sentencing if there is no plea agreement made with the prosecutor. If the case is scheduled for trial, the accused may decide whether he will accept or waive jury trial.