Washington DC Trespassing Lawyer
Some of the most common and easy to understand criminal charges in Washington DC involve the illegal entry onto property. Commonly known as trespassing, any person who enters onto land that is not theirs without the owner’s permission commits this crime.
Still, many trespassing cases are more nuanced than this. Oftentimes, a defendant is accused of trespassing by mistake. They may have the owner’s permission or did not know that they were supposed to leave. In any event, it is essential that people who are facing charges of criminal trespassing give themselves the best chance of success in court.
Hiring a Washington DC trespassing lawyer could provide an essential advantage. These lawyers work to meet their clients’ goals. Whether these goals are to come to a fair plea deal to avoid jail time or include fighting the charges at trial, a skilled defense attorney could stand by your side.
What Counts as Trespassing Under Washington DC Laws?
In short, criminal trespassing occurs anytime a person enters another’s land without permission. There is no requirement that the defendant commit another crime while on that land, nor does a prosecutor need to prove that the entry was made with the intent of committing a crime. The mere unlawful entry is enough.
According to DC Code § 22-3302, a trespass can occur on either private land or public land. In addition, trespassing can occur either when a defendant enters land without permission or overstays a welcome.
Trespassing is a misdemeanor offense. If the land trespassed upon is private land, a conviction can result in no more than 180 days in jail and the payment of a fine. If trespassing occurs on public land, the penalties are more serious. The maximum jail sentence here is six months and the payment of a fine. This can be potentially higher than that for entering private land. An attorney in Washington DC could provide guidance on the trespassing charges and what they mean.
Defending Against Charges of Trespassing
Many trespassing charges arise out of a good faith mistake. Perhaps a guest at a house party does not leave after the event ends, or a shopper does not realize that a store is closing. If these people are never actually told that they must leave, they can raise this defense at trial.
In other situations, a defendant may not know that they were entering a space where they were not allowed to be. In general, a trespass can only occur if the entrant knows that they were not allowed to be on the land.
For example, if a defendant walks through an apartment complex on their way home, they may not realize that this land is only open to residents. If there is no sign indicating that this is private property, or no sign that reads, “no trespassing,” it might be logical to argue that the defendant did not know that they were not allowed to enter. A lawyer in Washington DC could work to analyze the facts of the trespassing case, reference them with the applicable laws, and to develop a defense designed to protect the rights of their clients.
Let a Washington DC Trespassing Attorney Assist You
Allegations of something as minor as criminal trespassing could throw a person’s life into chaos. A mere accusation can appear on a person’s criminal record and affect their job opportunities and benefits. Because of this, it is essential to be prepared to dispute allegations of criminal trespassing in court.
Working with a Washington DC trespassing lawyer could improve your chances of success. Attorneys work to investigate the allegations, examine the relevant law, and to develop a defense strategy tailored to your specific goals.
Whether those goals are to admit to the charge in exchange for no jail time or to have a full jury trial, a trespassing attorney may be able to help. Contact an attorney today to learn more.
