Trespassing is an unlawful activity, but it is not always what it seems. If you have been charged with this crime, speak to a skilled trespassing defense attorney representing clients in Washington, D.C. and Virginia. The crime is similar in both jurisdictions, and the penalties for a conviction are just as serious. Plus, a charge of trespassing can be successfully challenged in many cases.
S.L. England treats each case the same, such that: he holds the prosecutor, judge, and jury accountable to the legal principle that you are innocent until each element of the crime is proven beyond a reasonable doubt. That's also where the same treatment for each case ends because he knows that each case is unique and requires a specific defense strategy that matches the facts and circumstances of the case. In this way, he builds the best defense possible for you in an effort to get the charges dismissed or reduced or to get an acquittal at trial.
Here is an overview of trespassing as a criminal offense. If you have questions or want to begin strategizing your defense, contact S.L. England today.
What is the crime of trespassing in the D.C./Virginia metro area?
In D.C., according to DC Code § 22-3302, trespassing, which is known as unlawful entry on property, occurs when a person:
- enters the property of another; or
- attempts to enter the property of another; or
- remains on the property of another
- without the authorization or consent
- of the property owner; or
- the occupant of the property.
In Virginia, the crime is quite similar. According to Virginia Code §18.2-119, a person commits trespass after having been forbidden when he or she:
- enters or remains
- on the land of another
- after notice that entry is forbidden.
This means a person is guilty when he or she:
- enters another person's land without permission or authorization;
- remains on another person's land after told to leave;
- enters another person's property where a sign is posted stating no trespassing or something similar; or
- enters another person's property in violation of a protective order.
What happens if convicted of trespassing in Washington, D.C. or Virginia?
In Washington, D.C., the offense is typically a misdemeanor and a conviction carries:
- up to 180 days in jail; and/or
- up to $2,500 in fines.
In Virginia, the offense is typically a Class 1 misdemeanor, which carries the following maximum penalties:
- up to 12 months in jail; and/or
- up to $2,500 in fines.
In Virginia, however, the crime is enhanced to a Class 6 felony if the alleged trespasser enters intentionally the property of another based on:
- race
- religion
- color
- ethnicity.
A Class 6 felony carries a prison sentence of up to 5 years with a minimum of 6 months in jail. To note, Virginia has a range of trespassing laws that are very specific to unique circumstances. Always seek the advice of an experienced criminal defense attorney in Virginia or D.C. to understand the charges laid against you.
How can a trespassing defense attorney defend your case?
Trespassing occurs when a person willingly enters or remains on another person's property without the latter person's authorization or consent. In many cases, the alleged offender simply didn't know he or she was on another person's property or that he or she had to leave the property. There may have been a sign, but the sign may not have been logically placed on the property.
S.L. England will listen to your case, identify key facts, devise a criminal defense accordingly, and inform you of the same.
Contact S.L. England: Experienced Trespassing Defense Attorney in Virginia & the District of Columbia
If you have been charged with a trespassing charge in the D.C./Virginia metro area, contact S.L. England, a respected criminal defense attorney serving these jurisdictions. A thoughtful, strategic defense is your best defense.
