Trespass is a lesser included offense to Burglary, and it can also be charged as a separate crime. Trespass occurs when a person enters or stays on property after being warned to leave. If the property is unoccupied, it is a second degree misdemeanor. If occupied, it is a first degree misdemeanor, and if the defendant was armed, it is a third degree felony. Trespass can also be to property other than a building or vehicle, as long as notice against entering is given.
Examples of such notice include actual communication to the offender, posting “no trespassing” signs, or fencing off the area or “curtilage”. If the property is the unenclosed land of a dwelling, and the accused enters with the intent to commit an additional offense (other than that of trespass), they may be charged with trespass to property.
If you or someone you know has been arrested for trespassing it is crucial that you consult an experienced criminal defense attorney as soon as you can. Depending upon the circumstances of the trespass charge that you may be facing, it is possible that you will be charged with a misdemeanor or a felony.
Call 954-740-0502 today to set up your free consultation with former prosecutor Attorney Jason Seidman to discuss the facts of your case. As a former prosecutor, he has handled hundreds of Trespass cases and understands how they are prosecuted and exactly what must be proven should the case go to trial. Don’t face these charges alone, contact Attorney Jason Seidman today.