Criminal trespassing is entering someone else’s property without permission. It can be called burglary, negligent trespassing, or unauthorized access. Different levels of the crime exist, and charges can vary. Defenses include lack of signage, open business, or being forced to cross borders.
Criminal trespassing is when a person, or group of people, enters or enters someone else’s property without having the permission of the current owner. There are various stages to this crime, as well as numerous defenses that can be used to fight the charges. Intrusion of this nature is more commonly referred to as burglary, but it may also be called negligent trespassing or unauthorized access. Regardless of the level of crime committed and what it’s called, it’s basically when someone else’s home, business, property, or anything else they own is acquired by another person who doesn’t have prior permission to do so.
There are different levels of this type of crime. The basic criminal trespass charge is simply when a person ventures into an area where they have not been invited. In the process of trespassing, more serious offenses may be committed such as entering someone’s property to inflict damage, or stealing, or even causing personal injury to the owner or owners. There is also armed and unarmed criminal trespassing, depending on whether a weapon is in the perpetrator’s possession or not. All of these various types of crimes carry different charges in different areas, but the basic premise is the same.
The charges are considered a misdemeanor in most areas, but in more serious cases they can be charged with a misdemeanor. The authorities do not treat this act lightly and some serious fines and jail time can accompany a charge of this nature. This will vary by area, but when a state or federal government building or property is involved it is guaranteed to be tried in a court of law with maximum penalties in mind. Usually the person who has their property trespassed is required to file a complaint and testify in court, but in some areas the state will prosecute the offender and file a complaint with or without a statement from the owner.
When it comes to defending yourself against a trespassing charge, there are a few basic avenues that can be taken, especially if the accused person isn’t truly guilty. If the area was not prominently displayed with signs or fences, it may have simply been an accident that the person walked across the owner’s property. Another common defense is that the company was open for business during the time of the alleged crime, meaning it wasn’t trespassing. The last defense that can be used, in some cases, is that the person who committed the crime was forced to cross the border lines. It could have been a friend, someone already on the property, or an owner trying to get the person in trouble with the law.
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