If you have previously been convicted of an offense that requires you to register as a sex offender or kidnapping offender, you may now find yourself facing a charge based on conduct or events you had no idea could expose you to criminal consequences. There are some laws that criminalize behavior that would not be unlawful for someone who does not carry this status.
An attorney with deep experience defending sexual misconduct cases can make a big difference for you. The Marshall Defense Firm can spot weaknesses in the government’s case against you. We can also see that your story gets told. We’re ready to fight for you.
The Law
Under Washington law, someone who is a “covered offender” is guilty of criminal trespass against children if they (1) remain upon or reenter the premises of a “covered entity” after being given written notice that excludes them from doing so, or (2) violate conditions of entry and use after being given written notice of those conditions.
A “covered entity” means “any public facility or private facility whose primary purpose, at any time, is to provide for the education, care, or recreation of a child or children, including but not limited to community and recreational centers, playgrounds, schools, swimming pools, and state or municipal parks.”
A “covered offender” includes anyone who is required to register as a sex or kidnapping offender and meets all the following criteria:
- At least 18 years old;
- Not under the jurisdiction of the juvenile rehabilitation authority or currently serving a special sex offender disposition alternative;
- Has been classified as a risk level II or III; and
- Has been convicted of at least one of the following offenses:
- Rape of a child or child molestation in the first, second, or third degree; indecent liberties against a child under age fifteen; sexual misconduct with a minor or incest in the first or second degree; luring with sexual motivation; possession of/dealing in/bringing into the state depictions of minors engaged in sexually explicit conduct; sexual exploitation of a minor; communicating with a minor for immoral purposes; patronizing a juvenile prostitute/commercial sexual abuse of a minor
- Any felony comparable to those above from another state or in effect in Washington before March 2006 (e.g. carnal knowledge)
- Any sexually-motivated felony
- Any felony where the victim was younger than 16
- An attempt to commit any of the above crimes
The Consequences of a Conviction
Criminal trespass against children is a Class C felony. If convicted, the court can impose a sentence of up to five years in prison and a fine of up to $10,000.
Also, if you are currently under supervision for a previous offense, a new felony conviction could negatively impact your status in that regard.
How We Will Tackle Your Defense
Facing criminal charges is daunting and stressful, but you don’t have to do it alone. The Marshall Defense Firm has the knowledge, skill, and expertise to present the strongest defense possible.
To obtain a conviction, the government must prove every element of the crime—every required part of it—beyond a reasonable doubt. For example, if we can raise a doubt whether the facility personally served you with a written notice, or whether that notice was a proper one, you should win.
Some of our clients want to compromise their cases to avoid the risk that goes with any trial. We’re glad to explore compromises. In fact, we always find out for our client what compromise the prosecution would accept. We have long experience negotiating with prosecutors. We can develop strategies to demonstrate to the State both the weaknesses in their case and mitigating circumstances in your life.
The lawyers of the Marshall Defense Firm are outstanding trial attorneys. We are often invited to teach trial skills to other lawyers. From selecting a jury to closing arguments, our knowledge of trial rules and tactics runs deep, and we will use it to fight for you every step of the way.
Finally, if you are still serving your sentence from the underlying felony conviction that led to the criminal trespass against children charge, we can help you deal with any fallout that results from this new allegation.
What it’s Like to Have The Marshall Defense Firm in Your Corner
Respect and compassion are the foundation of our work. We take time to get to know you and your case. It’s where our fierce advocacy for you begins.
Then there’s our experience. For decades we have defended special cases like criminal trespass against children. From that and our on-going study of the law involved in these cases, we have exceptional skill.
And we pool that skill. We work as a team. We know that no one lawyer, no matter how brilliant, will have all the good ideas for your case.
Our final ingredient is relentless investigation and preparation. When we step into court to defend you, we are ready to do it well.
If you or a loved one needs services like ours, contact us at 206.202.1633 or solutions@marshalldefense.com for an appointment.
