What Is Considered Trespassing?

Trespassing is a property crime and, while it may seem petty to some, it can be rather serious if there are certain factors present and if a person has ignored any posted warnings to not enter the property.

When a burglar enters a home or a place of business, they are trespassing on that property. If someone unlawfully enters property to cause bodily harm to someone, they can have criminal trespass added to an assault charge. The list can go on and on.

Trespassing allegations may include any of the following:

  • Allowing a domestic animal to enter land, such as allowing the dog to "do its business" on the neighbor's lawn, you could be charged with misdemeanor criminal trespassing if that neighbor calls the authorities.
  • Interference with monuments or signs in order to designate a property lawn. Some find it humorous to steal highway cones, but it is a criminal offense.
  • Being on cemetery property after hours.
  • Refusing to depart from someone's property.
  • Being inside a locked building or dwelling without the consent of the owner or occupant.
  • Entering farmland without the owner's consent.
  • Returning to property after being ordered to leave.
  • Refusing to leave a shelter for battered women or transitional housing for battered women and their children.

Trespassing is classified as a misdemeanor or a gross misdemeanor, depending upon the circumstances surrounding the act. A misdemeanor results in a 90-day prison sentence and a $1,000 fine while a gross misdemeanor conviction results in a year in prison and a $3,000 fine.

The goal of your defense lawyer is to obtain a dismissal of charges or an acquittal. However, there are times that may be impossible, but it is not impossible to have the charges reduced so that the sentence is reduced and you can go on with your life.

If your teenage child has been accused of trespassing, you need an attorney to represent you every step of the way. Get a free case evaluation by calling 612-915-0355 or sending details of the case via email.