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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
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I was recently arrested for entering a property to damage.

Resolved Question:

I was recently arrested for entering a property to damage. I have no recollection of the incident as i was extremely intoxicated, but according to the arresting officer, i walked into someone's house uninvited and used their bathroom and would not leave. Is it a good idea to just plead guilty? What can i expect for penalties in this case?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 2 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I'm sorry to hear about the situation!

I would like to make sure that I know what information you want so that I can ensure that my response addresses the issues you're wondering about.
Under which statute have you been charged? It should appear as a series of numbers on the paperwork you've received.

Thank you!
Customer: replied 2 years ago.
Charge : ENTER PROPERTY TO DAMAGE, ETC.
Code Section : 18.2-121
Expert:  Thoreau (T-USA) replied 2 years ago.
Hello! Thank you for bringing your question to JustAnswer! I'm T-USA and I'll be happy to provide some valuable information!

I am working on an answer to your question now. Please be patient and I will post the answer as soon as possible. This may take a little time, as it may require some research and it takes some time to type up a response.

Thank you!
Expert:  Thoreau (T-USA) replied 2 years ago.

§ 18.2-121 is generally charged as a class 1 misdemeanor, punishable by up to 12 months in jail and/or a fine of $2500.

 

If an individual wishes to be found not guilty or negotiate a favorable plea, he cannot immediately plead guilty or no contest and expect that to happen. Instead, favorable plea deals and not guilty verdicts come from negotiating with the state and aggressively evaluating and asserting possible defenses to a charge.

 

Your best course of action is to immediately retain an attorney. If you can't afford one, you can ask the court to appoint one for you and the court will do so, as a criminal defendant is entitled to an attorney. Your attorney will evaluate your defenses and attempt to negotiate with the prosecution to achieve something favorable (such as withheld adjudication, by which charges could be dropped after a fine is paid and probation is served).


§ 18.2-121. Entering property of another for purpose of damaging it, etc.

It shall be unlawful for any person to enter the land, dwelling, outhouse or any other building of another for the purpose of damaging such property or any of the contents thereof or in any manner to interfere with the rights of the owner, user or the occupant thereof to use such property free from interference.

Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. However, if a person intentionally selects the property entered because of the race, religious conviction, color or national origin of the owner, user or occupant of the property, the person shall be guilty of a Class 6 felony, and the penalty upon conviction shall include a term of confinement of at least six months, 30 days of which shall be a mandatory minimum term of confinement.



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Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
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