Trespassing
Trespassing is the crime of unlawfully entering another
person’s property without permission or authority.
Interfering with an owner or legal tenant’s use of their
property, such as enclosing a portion of another’s land,
also constitutes trespass. Trespass is usually a
criminal misdemeanor, and is also a crime from which a
victim may recover monetary damages.
A person commits the
crime of trespass in the first degree if he knowingly
enters unlawfully or knowingly remains unlawfully in a
building or inhabitable structure or upon real property.
The
nature of the property determines the seriousness of the
offense. For example, trespassing at a school is a more
serious offense than trespassing in a rural field.
In order to be convicted of criminal trespassing
the prosecution must prove:
- The
unlawful entry onto another’s land
- The
trespasser knew that they were not permitted on the
land
Trespassing may seem like a relatively minor criminal
charge, but there can be unfortunate life consequences
for anyone who ends up with a permanent criminal record.
A criminal conviction shows up on a background check,
and can limit your ability to get many different kinds
of jobs.
The
Consequences of Trespassing Include:
-
Imprisonment
- Fines
- Monetary
damages paid to the landowner
If
you are accused of trespassing you should speak to a
lawyer immediately to learn more about your rights, your
defenses, and the complicated legal system.
We
will help you fight these charges, and give you every
opportunity to get the charges dismissed, or beat them
at trial. Call The Sheena Law Firm today for a
consultation.