trespassing charge

Dealing with a Trespassing Charge

So you got slapped with a trespassing charge, huh? Bummer. Let’s break down what that means and what you can do about it.
A trespassing charge basically means that someone claims you were on their property without permission. There are a few common ways people end up getting charged:

Types of Trespassing

Criminal Trespass
This is like the basic trespassing charge. It means you knowingly entered or stayed somewhere that was off-limits. A lot of times this happens if you refuse to leave a business after they ask you to go. Or maybe you hopped a fence to cut through someone’s backyard.
You could get hit with anything from a ticket to a misdemeanor, depending on the specifics. Check out this FindLaw page for more details on criminal trespass.
Trespass to Land
This charge is similar, but it’s more about someone going onto private property without permission. For example, walking across someone’s lawn when there’s a “No Trespassing” sign.
They don’t necessarily have to tell you to leave first if you aren’t supposed to be there in the first place. Trespass to land is usually a less serious offense than criminal trespass.
Trespass to Vehicle
Yup, you can get busted for trespassing for messing with someone else’s car, truck, boat, etc. without permission. The legal system takes “unauthorized access” to vehicles pretty seriously.
We’re talking anything from trying door handles to see if they’re unlocked to full-on breaking into cars. Check out this Avvo article for more on trespass to vehicle laws.

Dealing with the Charges

So what happens if you do get hit with a trespassing citation or criminal charges? Here are some key things to know:
Get a Lawyer
Even if it seems like a minor offense, you’ll want an attorney in your corner. Trespassing charges can totally screw up school, jobs, housing applications, and all kinds of stuff.
A good lawyer can often get the charges reduced or even dismissed. Here’s a helpful overview from LawInfo on finding the right defense attorney.
Check the Specifics
When you meet with your attorney, dig into the specifics of the trespassing allegations. Were you given notice not to enter the property? Did you refuse to leave when asked? Were there clear signs posted?
All of these details matter when building your defense. Your goal is to show there was ambiguity about whether you had permission to be there or not.
Know Your Rights
You may have more rights than you realize, even as the accused trespasser. For example, in many states, it’s not automatically trespassing if you go onto private land that isn’t fenced or posted.
There are lots of nuances, which is why an experienced local lawyer is so important. They can explain exactly what rights you do and don’t have.
Consider Alternatives
Rather than fighting the charges outright, your attorney may suggest alternatives like mediation with the property owner, community service, or entering a diversion program.
These options can lead to the charges being dropped without a messy court battle. Talk through all your options with your lawyer.

Avoiding Future Charges

Hopefully those trespassing charges get resolved without too much pain or hassle. But once it’s all over with, keep these tips in mind to avoid finding yourself in a similar jam again:

• If a property has a “No Trespassing” sign or is visibly fenced off, don’t go on it without explicit permission.
• If a business or location has banned you, respect that ban even if you think it’s unfair.
• If you’re unsure about boundaries or access rules for a property, ask the owner/manager first before entering.
• Don’t ever enter someone else’s vehicle without their permission – not even to grab something you left behind.
• If you’re asked to leave private property, do so immediately with no questions asked.