Many people do not regard trespassing as a serious offense. It is not seen as a high-profile case. But, the law considers trespassing a serious offense, so it does not treat such offense lightly. Anyone guilty of trespassing has committed a criminal act, which is punishable under the law. In this article, we will be considering the reasons why trespassing is a criminal offense.
The Issues with Trespassing Charges
In most cases, people trespass without having the intention to do so. For instance, the law does not mandate anyone to put up a “No Trespassing” notice on their private property. When you know that a property is private, it is logical to stay clear of it. However, the problem surfaces whenever an individual is found on a property with unknown status, whether it is private or not. This case is known as accidental trespassing. However, accidental trespassing does not exonerate someone from being tried in court.
Classification of Trespassing
According to the law, there are three types of trespassing. We have the first-degree trespassing, second-degree trespassing, and third-degree trespassing. The first degree is the most serious class of trespassing, while the lightest is the first-degree trespassing.
- Third Degree Trespassing
This type of trespassing is also called the class three misdemeanors. Third-degree trespassing has to do with entering and staying at a private property after the law enforcement agent or property owner had made a reasonable request. Also, forcefully entering a private property that bears “No Trespassing” falls under this category. The law also opined that entering or remaining on switching or storage yard, right-of-the-way tracks, or rolling stock of a railroad company falls under the third-degree trespassing.
- Second Degree Trespassing
You are guilty of second-degree trespassing if you are caught entering a fenced or non-residential property. This case will be treated as a class two misdemeanor. One of the major reasons for fencing a property is to avoid keep intruders off. Therefore, entering a fenced property without permission is an offense. Be aware that second-degree trespassing is a punishable offense.
- First Degree Trespassing
Anyone that trespasses on private residential property is guilty of first-degree trespassing. In this case, trespassing charges will be treated as felonies or misdemeanors.
Here are the acts that need to occur before trespassing can be considered a misdemeanor:
- An individual enters or remains in a residential yard that is fenced
- A person violates the owner’s right to privacy by entering and look around the residential property
- An individual enters or remains on a property without claim, and work is intended to start on property.
Class one demeanor is punishable under the law with a fine of $2500 and up to six-month imprisonment.
Class six felonies are the most severe trespassing cases; it involves:
- An individual enters or stays on a residential property illegally
- An individual enters or remains on a public services facility illegally
- A person enters a private property illegally and destroys, burns, or defaces religious symbols without the permission of the owners.
For more information, reach out to us at Chang Legal Today.