Criminal Trespassing Charges
A Reputable Criminal Defense Attorney Can Help Battle Accusations of Trespassing
Trespassing sounds like a minor charge to many people, but that is not the case. It is, in fact, a slightly less serious form of burglary and is a crime that police and prosecutors pursue zealously. If you or someone you love faces criminal trespassing charges, you may consider representing yourself in the matter in an effort to avoid legal costs. This is a mistake. You need an experienced criminal lawyer who practices in the jurisdiction where you are charged. In Utah, Colorado or Nebraska, you need the Law Offices of Carl N. Anderson, III, PLLC.
Definition of Criminal Trespassing
Trespassing is a type of property crime that occurs when someone enters or remains on a piece of property where that individual has no lawful right to be and where a notice against entering has been given. Notice against entering usually includes closed doors, fencing or other things obviously designed to prevent intrusion.
Trespass is similar to burglary except that in cases of burglary, the criminal gains entrance to the property in question in order to commit another crime, such as theft or assault.
Is Trespassing a Misdemeanor?
The crime of trespassing is usually prosecuted as a Class B misdemeanor, but this can escalate to Class A if the criminal trespassed in a dwelling. Such crimes are punishable by up to one year imprisonment and nearly $5,000 in fines. While most people convicted of trespass serve no serious jail time, the specifics of the case and the past history of the defendant can lead to more serious penalties.
Legal Defenses Against Trespassing
Experienced criminal defense attorneys can fight charges of trespassing in several ways.
- First, they may attempt to prove the defendant had a legal right to be on the premises in question. As a central tenet of a trespassing charge is the lack of the legal right to be on the premises in the first place, this can be an effective way to have charges dismissed outright.
- Mistaken identity is another common trespassing defense, as many cases hinge on identification of a suspect in less than ideal conditions.
- Even if a criminal defense attorney cannot get your trespassing charges dismissed outright, he or she may still be able to negotiate a lesser charge on your behalf or argue for reduced sentencing.
A Salt Lake City Criminal Lawyer Who Understands Trespassing Defense
At the Law Offices of Carl N. Anderson, III, PLLC, we possess years of experience fighting criminal trespass charges and other criminal allegations. We are licensed to practice in Utah, Colorado and Nebraska and can provide a free consultation regarding your case. Contact us at (801) 997-9534.
Get your questions answered – Call for a consultation (801) 997-9534