Defenses To Criminal Trespassing

Trespassing is a criminal offense that occurs when someone enters or remains on someone else’s property without permission. It can be a misdemeanor or a felony depending on the circumstances of the crime and the jurisdiction.

If you have been charged with criminal trespassing, the first thing you should do is contact a criminal defense attorney. They will assess your case, evaluate the evidence, evaluate the prosecutor’s case, and determine the best defense strategy.

The Different Defense Strategies for Trespassing Charges

Your attorney will discuss several options for defenses to criminal trespassing that may be available to you. These legal defenses can either justify your presence on the property, challenge the prosecution’s case, or otherwise excuse the alleged trespassing. The common defenses to criminal trespassing are:

• You had permission: If you had permission from the property owner or an authorized agent to be on the person’s property, then you may have a complete defense to your criminal trespassing charge. The challenge will come from proving that the owner granted you permission. The prosecutor may argue that whoever gave you permission lacked authority or that they withdrew permission after initially granting it.
• No notice: A common defense is that you were not notified that your presence was unauthorized. This can come from verbal warnings, signs like a “no trespassing” sign, fencing, or other ways people mark property boundaries. A reasonable belief that you were unaware that you were trespassing could be a viable defense.
• Implied consent: You had a reasonable belief that you had permission to be on the property. Usually this is because you were previously allowed there or the property is a place that usually welcomes people, like a business that just changed its hours. If you can prove that you had a good faith belief that you had permission to be there, you may have a valid defense.
• Emergency situation: You entered the property without consent but you needed to be there because of an emergency. This can include trespassing to save someone’s life or prevent damage to the property. Another scenario could be seeking shelter in a life-threatening storm.
• Public necessity: If you trespassed for the public good, then this defense may be available to you. Firefighters breaking into a building to fight a fire can be considered a public necessity. If you trespassed to help the community then you may argue it also.
• Intoxication: Involuntary intoxication can sometimes be a defense to criminal trespassing if you can prove that you were intoxicated without your knowledge or against your will. This defense does not apply if the intoxication was your own fault. The law generally does not excuse offenses committed while voluntarily intoxicated.

• Ownership or right to the property: If you can prove that you have a legitimate right to be on the property then you can use the defense of ownership or right to the property. You can be a partial owner or have been given what’s called an easement, which is a right to be on the property. You would need to provide evidence of this right, which could include deeds, contracts, or other legal documents.
• Public property: If the property is usually open to the public, like a park, then you may have a shot at this defense. The prosecution could introduce evidence that you had been banned from the property or that the property was not open to the public at the time of the alleged trespassing.
• Overbroad laws: In some cases, you might be able to challenge the trespassing law itself if it is too broad or violates your constitutional rights. For example, you might challenge a law that makes sleeping in public spaces a crime on the grounds that it criminalizes homelessness. This defense is more complex and usually requires a careful legal analysis and a constitutional argument.

In all cases, a prosecutor must prove all the elements of criminal trespassing beyond a reasonable doubt to prove you guilty. If the prosecution presents insufficient evidence, like if they cannot prove that you were on the property or the owner is unable to prove that they own the property, you may be able to argue that dismissal of the charges is appropriate.

Get an Attorney’s Help for Your Defense

These possible defenses to the charge of criminal trespassing will all hinge on the specific circumstances of your case. To identify a defense that best suits your case, you should get an experienced criminal defense lawyer who knows criminal trespass law. While the above defenses provide a framework and provide some possibilities, each situation is unique and requires a thorough examination of the facts and applicable laws.