Washington DC Trespassing Lawyer

Trespassing is considered such a minor offense by many people in Washington that they do not even realize it is a crime. However, a conviction for trespassing creates a criminal record, and that can cause problems for years to come. With the prevalence of online background searches, a prior conviction could interfere with employment, housing and other aspects of life. Therefore, it is wise to take trespassing charges seriously.

A Washington DC trespassing lawyer could assist in reducing the negative consequences if you are charged with unlawful entry on property. When you work with an experienced criminal defense lawyer, your attorney can protect your rights and help you reach a positive outcome.

Circumstances that Constitute Trespassing in DC

The Code of the District of Columbia describes the offense of trespassing as “unlawful entry on property.” This crime is prohibited by D.C. Code §22-3302.

A person commits unlawful entry on property, aka trespassing, if they enter a building or property that is either owned by another or by the public and they do not have lawful authority to be in the building or on the premises.

If they make such unlawful entry and refuse to leave when ordered to do so by the person in charge of the property, then the action constitutes criminal trespassing. In some jurisdictions, that type of non-violent offense might be treated as a civil infraction, but the DC Code considers unlawful entry a criminal offense. A Washington DC trespassing lawyer could demonstrate that the offense did not occur because the person charged had authority to be on the property or because the requisite demand to quit the property was never made.

Penalties for Criminal Trespassing

Unlawful entry on a property is considered a misdemeanor offense. Those convicted may be sentenced to up to six months in prison. In addition, someone guilty of trespassing may be required to pay a fine of up to $1,000 under D.C. Code §22-3571.01.

The court may impose both a fine and a term of imprisonment. In the long run, however, the damage to reputation from a criminal conviction may prove to be the worst consequence. Help from a trespassing lawyer in Washington DC could minimize the adverse effects.

Evidence of Trespassing

The D.C. trespassing statute specifies that if a building is vacant and “boarded up” or closed off by some other means to show that it is empty and “not to be entered,” that appearance is sufficient to provide “prima facie” evidence that someone found on that property has entered without lawful permission. Similarly, when someone is on property with a posted “no trespassing” sign, that also serves as prima facie evidence that they are on the property “against the will” of the person controlling the property.

Prima facie evidence proves a fact. However, prima facie evidence can be refuted. Thus, a Washington DC trespassing lawyer could present evidence to show that entry on the property was not unlawful.

Get Help from a Washington DC Trespassing Attorney Today

Although trespassing is a crime potentially punishable by jail time and a substantial fine, an experienced attorney could negotiate for alternative arrangements. For instance, the individual charged could commit to community service under a deferred prosecution agreement.

It may also be possible to have the offense placed on the “stet docket,” in which case charges could eventually be dismissed. To learn more about your options and how to protect your rights, call now for a consultation with a Washington DC trespassing lawyer.