Criminal trespass is a frequently occurring issue in and around the Jackson Metro area. A variety of neighborhood and property line misunderstandings can lead to criminal trespass charges. In most cases, a criminal trespass charge will be made if there was intent to knowingly enter private property or if damage was done to private or public property.
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The Elements of Criminal Trespass
Criminal trespass usually refers to the unauthorized entrance onto somebody else’s property with the expressed intent to commit an unlawful act. Typically, the elements of a criminal trespass charge include an entrance on a premises without authority or remaining on a property without authority, damage to somebody else’s property or defacement, mutilation or defiling of another person’s property. Since the circumstances and details can vary from situation to situation, these cases aren’t always cut and dry. If you’re facing a criminal trespass charge, you need to speak with an experienced criminal defense attorney as soon as possible to get the ball rolling on your defense.
Different Types of Criminal Trespass
Although there can be quite a bit of variability from case to case, there are a few commonly occurring types of trespass situations. There is the classic problem of not knowing that a property is private before entering, or not having permission from the proper authority, but there are some more obscure types of criminal trespass cases too. These charges can actually come in a variety of different ways, shapes and forms. In some cases, you might not have even stepped foot on another person’s property. In cases where livestock is running loose, it could be your animals that get you into hot water. Listed below are a few different examples of potential trespass.
Different Examples of Trespass
- Entering private property
- Hunting on someone else’s land
- Trespass by animals or livestock
- Technological trespass
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Challenges of a Criminal Trespass Case
Where criminal trespass is concerned, the prosecutor will likely need to prove that you entered a property without permission with the intent to commit a crime. They will have to satisfy both the criminal act and the criminal intent portion of this charge to convict you. If you didn’t commit an unlawful act, you might only face lesser charges, or no charges at all. Each case is different and has its own unique set of circumstances and challenges, so the sooner you speak with a skilled criminal defense attorney, the better.
Defense to Criminal Trespass
Your lawyer might craft a defense involving the casting of doubt on particular elements of the prosecutor’s case. Did the alleged event happen on land open to the public? Perhaps, the owner actually gave you permission to enter the property. Did you leave the property when asked to do so? What kind of damage was actually associated with the case? Was the property clearly marked as private? It will be necessary to give all pertinent details to your lawyer as soon as possible to, so he or she can get started on your defense.
Potential Defense Strategies in a Trespass Case
Every case is different, but a variety of details can go into how your lawyer handles the defense. Give your lawyer as much information as possible is an essential part of the process. Defense strategies may include that you did not obstruct the owner’s use of the property, or that you exited the property when the owner asked. Was the property open to the public for a certain reason, or was there no warning of privacy prior to your entrance? A misunderstanding is a ridiculous reason to end up with a criminal record.
Potential Penalties Associated With Criminal Trespass
- Jail time
- Court costs
Getting Your Charges Thrown Out
Ultimately, your lawyer’s top priority should be getting your charges thrown out all together. Even non-violent relatively minor crimes can leave your otherwise spotless record tarnished. You need an attorney who understands the importance of keeping your record clean. Your attorney should be just as dedicated to defending clients in cases involving trespass as they are in high-profile murder cases.
Speaking With an Attorney After Your Arrest
After any kind of arrest, it’s a good idea to speak with an experienced and proven criminal defense attorney as soon as possible about your case. Criminal trespass cases can often involve neighborhood disputes and emotions can run high. Let you attorney handle the details of your defense, while you focus on moving forward with your life.