Trespassing includes entering into or onto a property without the consent of the owner or owners. This can happen regardless if the property is posted or is not posted. In addition trespassing charges can occur if an individual is asked to leave a property or residence that is not their home or property at the request of the owner and refuses to do so. In some areas the property owner may protect his or her property from trespassers using up to deadly force, while in others this is not considered within the law.
Trespassing Penalties
Unless there is some other type of crime committed by the individual doing the trespassing this is considered a misdemeanor charge. If vandalism, criminal mischief, disorderly conduct or any other elevated type of misdemeanor or felony occurs the individual will typically be charged under that offense with the trespassing used to enhance the other charges.
Possible Penalties
- Fines
- Probation
- Community Service
Trespassing Sentencing
Trespassing is one area of the law where there are often several more challenging areas for the prosecution to prove. For first time offenders the judge will typically order a lower fine, provided there was no other criminal offense that happened during the trespass. In addition the judge will consider other factors such as why the trespass occurred and if the individual charged has any prior criminal history. Lawyers can be very successful in having these types of charges dropped completely or having community service in lieu of any charges or fines agreed upon prior to any hearing or court appearance.
Should You Hire An Attorney For Trespassing Charges?
There are many reasons why you should definitely hire an attorney for trespassing charges. If you entered the property or residence to find help, to seek emergency treatment or if you were in fear for your life you will typically be able to have all charges dismissed. An attorney can also help you if the individual pressing the charges no longer wishes to proceed with the charges, which often occurs in situations where the police were called when someone refused to leave a residence or property. Working with an attorney in these cases can prevent this issue from ever appearing on your record.
- If you have been charged with Tresspassing, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
