Criminal Trespassing Laws: Definitions and Penalties

Criminal trespassing is the crime of entering someone’s property and staying there without any permission or right to do so. Trespassing can occur on private property or privately owned land, cars, or buildings, buildings that are sometimes open to the public, and even some restricted parts of public land. What makes being on someone else’s property trespassing is usually a lack of consent or permission from the owner or whoever has authority over the property.

Local and state laws usually determine what constitutes criminal trespassing. While this article answers frequently asked questions about criminal trespassing, if you have been charged with criminal trespassing, the best thing to do for your defense is to speak with an experienced criminal defense lawyer. They will know the local laws and the defenses available to you and be able to develop a strategy for your defense.

What Are the Different Types of Criminal Trespassing?

Like most crimes, there are various types of criminal trespassing charges. The most common types include:

• Trespassing on land: This is when a person enters or remains on private land without permission, like using someone’s dock to go fishing without the property owner’s permission.
• Trespassing in buildings: This type of trespass is entering a building without the owner’s or resident’s permission, like entering someone’s home or trying to interview customers at someone’s business.
• Vehicle trespassing: This is entering or tampering with someone’s vehicle without their permission, like sleeping in someone’s car.
• Aggravated trespassing: This is when a person enters someone else’s property with the intent to do another crime, like breaking and entering someone’s house at night with the intent to steal.

What Are the Elements of Criminal Trespassing?

To prove criminal trespassing, a prosecutor must prove the following:

• Unlawful entry: That you entered the property of another person without their permission and with no legal right to be there.
• Knowledge of trespassing: That you knew or should have known that you were not allowed on the property. For example, if there was a “no trespassing” sign near where you entered the property, it would be hard to plead ignorance as your defense.
• Intent: That you meant to be there and meant to trespass.

What Are the Defenses to Criminal Trespassing Charges?

There are several ways to defend yourself against a criminal charge like trespassing:

• Permission: The owner or someone you thought was the owner authorized you to be there.
• Public necessity: You were on the property to help someone in danger or to otherwise do something for the benefit of someone.
• Mistake: You really believed that you had the right to be there.
• Easement: There was an easement or other right of way on the property.

What Are the Penalties for a Criminal Trespassing Conviction?

Most trespassing cases are categorized as a misdemeanor. Also, trespassing laws vary from jurisdiction to jurisdiction. Penalties for criminal trespassing vary but can include:

• Fines
• Jail time
• Community service
• Probation

If the trespassing resulted in damage to property or was otherwise especially harmful or brazen, you may face harsher penalties. Another aggravating factor in sentencing could be whether you had or used a deadly weapon when trespassing.

Should I Hire an Attorney?

Yes. Even though criminal trespassing is not the most serious crime in the law books, the penalties can be significant, and the trespassing conviction will remain on your criminal record and will show up on criminal background checks.

An experienced criminal defense attorney will give you legal advice, support you throughout the case, negotiate with the prosecution about a possible plea deal to lessen the charges, and if the case goes to trial, defend you at trial.