Criminal Defense Attorney
If you or someone you know has been charged with criminal trespassing it is likely that they were physically on the property of another individual without having that person’s permission. This is not enough alone to constitute a criminal trespassing charge, but this is where they begin. While being on another person’s property can place an individual in a criminal case, it can also lead to civil lawsuits. Criminal trespassing laws vary from state to state, but to be successfully charged with criminal trespassing, one must commit specific offenses, such as:
- Knowingly gaining access and staying on
- The property of another individual
- Although you do not or did not have the property owner, or managers permission
If all three of these factors cannot be proven, there is likely a way to have the charge dropped or reduced by prosecution, or judge and jury.
When the accused individual entered a property knowing they need permission to be there or simply without permission and deciding that they will remain on the property, this is intent. When you are aware of your offense, this makes you guilty. If you happen to gain access to someone’s property without knowledge this is not considered criminal trespassing. However, once you learn that you are on their property and remain there, you are guilty of criminal trespassing.
However, this too may not be enough. There are cases where an individual may gain access to a property and not know they cannot be on that property either. Some form of warning, by sign or word of mouth, must be given and disregarded. If these warnings are not clear and understood, this cannot be seen as criminal trespassing either.
There is a possibility of committing criminal trespassing even in public places, and to make matters worse, when you commit other crimes on a property, it does make your case a bit harder to fight but this is why you should not face any criminal charges alone. Because every state is different, it is good to speak with a skilled criminal defense attorney should you face a criminal trespassing charge. Some things that are considered trespassing in one state may not be trespassing in another. So to ensure you are not being taken advantage of and wrongfully charged, speak with a criminal defense attorney in Decatur, GA that will be able to review all the details of your case and explain to you where you may have been considered trespassing and the options available to you.
Thanks to Andrew R. Lynch, P.C. for their insight into criminal defense cases and criminal trespassing.