How To Handle Unlawful Entry Charges?

Answer 1

Unlawful entry is related to the charge of trespassing, both of which hold the potential for a one-year jail sentence and a $2,500 fine. Trespassing charges apply if a person has entered the property, or land, without invitation. Charges of unlawful entry are applied when the trespasser enters a person's residence without invitation. Both of these charges are considered as misdemeanors. Unlawful entry is any type of entry into a person's home that is not permitted. If someone knocked on the door and forced their way in, wandered in through an unlocked door without permission or used a key illegally obtained to enter, these are all considered to be unlawful entries. People who have been convicted of shoplifting or another offense at a store or other public venue may face unlawful entry charges if they return to the property after being banned due to convictions.

Those who have received an unlawful entry charge and feel it is in error may dispute it. Examples of this may involve indirect invitations to parties or other events or the lack of no trespassing signs on properties and homes that appear to be abandoned. Many times people who are hiking enter properties that are abandoned, but receive an unlawful entry or trespassing charge. Some of these may be disputed if there is proof of a legitimate reasoning. Charges for unlawful entry, as long as the intent was clearly not malicious, are often dropped over time as litigation simmers. Unlawful entry charges are often downgraded to a simple trespassing charge, which is normally dropped if there is no proof of malicious intent or damages to the property. There are several conditions to dismissal of charges, which may vary between states.

After receiving an unlawful entry charge or trespassing charge, the offender should contact an attorney if the intent was not malicious. With reasonable evidence that it wasn't, the attorney is knowledgeable enough in the law to fight the charge, have it downgraded and eventually dismissed. Fighting a charge without an attorney or accepting it when there has been a mistake may result in unfavorable marks on a background check. Alternately, those who have trespassers or have been the victim of an intentional or malicious unlawful entry should press charges. Attorneys who specialize in torts are usually the first type to contact. Personal injury and torts are often the result of unlawful entry or trespassing incidents.