What You Need to Know About Trespassing

People assume that trespassing only counts when it is on private property, but that’s not true–trespassing can happen whether on private or public property. Trespassing is basically when a person is on a property where they are not welcomed.

Property owners are allowed to use their property in any way that suits them as long as they don’t use it in something forbidden by law. Part of their freedom includes them being able to forbid any person they want to form stepping into their property, or from anyone entering without getting permission. Trespassing is punishable by law, and any person who trespasses on another’s property faces legal consequences.

Also, there’s another situation that is considered trespassing: for instance, if you have permission to stay on someone’s property and after you enter they prohibited you and you remained, it is considered trespassing, even if you initially obtained consent. Refusing to leave a house when the owner tells you to is an example of trespassing.

To know if you’re allowed to enter a property or not, notice if there are signs saying things like “no trespassing” or “not for public access”. Trespassing warnings don’t have to be verbal, so you should scan the area for any signs before you decide to enter it.

Trespassing and public property

If you were wondering if it is possible to trespass on public property, the answer is yes–it can happen on both private and public. If a property is considered public property, this doesn’t give everyone permission to enter it whenever and go to wherever they want. For instance, there could be a public area that allows anyone to enter, but without entering specific buildings in that area or without doing specific activities. Take companies as an example, you might be able to access the reception but not allowed into employee offices.

Trespassing and private property (that is open to the public)

Of course, by now you know that you’re not allowed on private property unless you have permission, but what about private property that is open to the public? An example of this could be shopping stores. If a store is open for a certain number of hours, and you decide to stay in there after these hours when the store is closing, you are considered trespassing. Also, if you enter a restaurant or a store with rooms that have signs like “staff only” or “storage room”, then it’s also considered trespassing.

Trespassing crimes

The legal consequences of trespassing differ from one state to another. Also, it depends on the severity of trespassing and the situation. Commonly, trespassing crimes are classified as misdemeanors or low-level felonies, however, they can escalate into bigger crimes, especially if you are trespassing into someone’s house. Also, this puts the person trespassing in danger because when you’re trespassing and you impose a threat on the property owner, they have the right to defend them and may not get punished by law for doing so. You might wonder: “Can you sue someone for shooting you if you trespass”. The answer depends on a few things: the state you’re in, the type of property, whether you were imposing a threat to the property owner, and if they intentionally shot you.

In serious trespassing cases, states usually classify them as felonies, especially when the person trespassing or the situation imposes some sort of risk for others. These situations can be if you are entering an occupied home or maybe an area where people are working on emergencies.

Felony penalties for trespassing usually end with a few years in prison, unless things escalated. Like when the trespasser already has a criminal record specifically in trespassing or the situation led to serious harm to others.

Even though trespassing cases are usually not that serious, if you ever find yourself in one, you need to get in contact with a criminal defense lawyer. Because at first, it might seem like a small deal but things could escalate. A criminal defense lawyer has experience with judges and is able to provide you with advice on how to deal with your case and not get yourself in further trouble. Not only do you have to deal with legal consequences after trespassing, but you will be left with a criminal record that will be there for the rest of your life.