DC Unlawful Entry Lawyer

Differences Between Unlawful Entry and Burglary

Unlawful entry is different from burglary, however. While illegal entry is a misdemeanor offense with a maximum penalty of 180 days in jail and a $1,000.00 fine, burglary is a felony offense.

The main difference between unlawful entry and felony burglary is that the law requires someone to enter premises unlawfully with the intent to commit a crime.

If you are entering because you were kicked out and thought it was unfair, that is generally not an unlawful entry or criminal trespassing. If you reenter the bar you got kicked out of with the intent to steal from the register, then that rises to the level of burglary.

If you have been arrested or are facing charges for unlawful entry in DC, it’s important to consult with an experienced DC burglary lawyer as soon as possible. An experienced lawyer can review the facts of your criminal offense, help you understand the charges against you, and develop a defense strategy that is tailored to your specific situation.

What Are the Consequences of Unlawful Entry?

The United States Attorney’s Office for the District of Columbia prosecutes unlawful entry misdemeanors in DC. In some cases, they will offer diversion. One type of diversion sometimes available in an unlawful entry case is a “Stet Docket.”

In a “stet docket,” the government will have you sign a contract stating you will not return to the private property you were arrested for unlawful entry for six months to a year. If you return to court after that period and there is no allegation that you returned, the government will dismiss the case.

In some instances, the government may offer a Deferred Prosecution Agreement or Deferred Sentencing Agreement in an unlawful entry case. These are further examples of diversion where the government will generally dismiss a case in exchange for community service and the person staying away from the property the police arrested them at for a period of time.

It’s important to talk to an experienced Washington DC trespassing lawyer who can help you navigate the criminal justice system.

Potential Penalties for Unlawful Entry Convictions in DC

A conviction for unlawful entry in Washington, DC carries significant legal consequences that can impact your future. The maximum statutory penalties include up to 180 days in jail and fines reaching $1,000 per offense. These penalties may be enhanced if the unlawful entry occurs in specific locations, such as schools or government buildings.

First-time offenders typically face less severe consequences, often receiving probation or diversion programs rather than jail time. However, repeat offenders may face stricter penalties, including mandatory minimum jail sentences. The court may also impose additional requirements such as community service, which typically ranges from 40 to 100 hours.

A conviction results in a permanent criminal record, which can affect employment opportunities, housing applications, and educational prospects. The court might also issue a stay-away order, legally prohibiting you from returning to the location where the unlawful entry occurred. Violation of this order can result in additional criminal charges.

For non-U.S. citizens, an unlawful entry conviction may have immigration consequences, potentially affecting visa status or citizenship applications. Given these serious repercussions, securing experienced legal representation is crucial for protecting your rights and future opportunities.

Defenses to Unlawful Entry Charges in DC

There are several defenses to unlawful entry in DC. The two primary defenses are lack of notice and lack of authority.

If the government cannot prove you knew you were not permitted at a particular place, they cannot convict you for unlawful entry. Along the same lines, the government must prove the person who barred you from a particular place had the lawful authority to do so. They cannot convict you for unlawful entry if they cannot prove either of those elements.

There is another context where unlawful entry can come up. Provisions under the DC Code prohibit illegal entry into public spaces. That could include somewhere like a Metro Station or a public museum.

This may come up when individuals attempt to protest in public space, and the Metro Transit Police or Park Police might bar someone from the property. The individual or individuals could return trying to protest further and be arrested for entering or attempting to enter the public space.

Contact a Washington DC Unlawful Entry Attorney for Help

If you or someone you know has had the unfortunate experience of being arrested for unlawful entry, contact our Washington DC trespassing attorney today for an attorney-client relationship. We can explain what to expect at every step of the process. Navigating the criminal justice system is complex. Finding the right criminal defense attorney should not be.