DC Unlawful Entry Lawyer

Unlawful entry, also known as trespassing, is a misdemeanor crime in Washington D.C. defined by D.C. Code §22-3302. It occurs when someone enters or stays on property without lawful permission.

In Washington DC, unlawful entry charges hinge on the following elements proven by the prosecutor beyond a reasonable doubt:

• Entering Private Property: The defendant must have entered onto private property. This doesn’t include public spaces.
• Voluntary Act: The entry needs to be purposeful and voluntary, not accidental or due to mistake.
• Unauthorized Entry: The entry has to be without lawful authority and against the will of the rightful owner or occupant.
• Knowledge of Being Unwelcome: The defendant must have known or should have known their presence was unwanted.

Unlawful Entry is considered a misdemeanor. There’s a distinction between entering private and public property:

• Private Property: Maximum penalty of 180 days in jail and/or a $1,000 fine.
• Public Property: Maximum penalty of 6 months in jail and/or a $1,000 fine (also allows a jury trial for the defendant).

The law treats public property differently from private property, but unlawful entry (trespassing) still applies.

• Specific Restrictions or Areas: Public places can have designated restricted areas or times where access is limited. Entering these areas without permission can be unlawful entry.
• Refusal to Leave: Even in a generally open public space, if you are asked to leave by a person in charge (e.g., security guard, park ranger) and refuse, it becomes unlawful entry.

It is important to follow any rules or restrictions posted in public spaces.

Additionally, if someone with authority asks you to leave, it is best to comply to avoid arrest for unlawful entry.