The Two Types Of Trespassing

Answer 1

The criminal system works in a way that separates things into varying degrees. Some offenses are more serious than others, even if the offenses seem similar on their face. This is something that you must know if you are looking to hire a trespassing lawyer. A good trespassing attorney can help you work through the differences in trespass after notice and criminal trespassing. Additionally, he will be able to work with you to get the lightest possible sentence or an outright acquittal. The criminal system is dicey, so it is hard to predict what will come of various situations. Having a skilled attorney in your corner can be a great help, though.

Understanding trespass after notice

The most common type of trespassing is called trespass after notice. More people get charged and convicted of this type of offense over almost any other. To get the ball rolling on this type of offense, one must first be given notice of the trespassing. This comes from the police, usually after some kind of altercation. You might become an uninvited person at a business or you may be restricted from certain private residence areas. After you are put on trespass notice by the police, any further trespassing onto the land can lead to immediate arrest. Trespass after notice is a misdemeanor offense and usually carries a pretty light sentence.

Understanding criminal trespassing

Criminal trespassing is the more serious cousin of trespass after notice. It is important to get a good trespassing attorney to make sure your case stays at the lower charge and does not elevate to this charge. Criminal trespassing usually requires some intent to commit a crime. If you are on the property vandalizing things or you come with a weapon, then you will often find criminal trespassing as your charge. Trespassing at night is looked at as a more serious offense in many states, so be aware of this as you begin the legal process. The difference in the two charges is huge, as criminal trespassing is a felony in many states.

Trespassing is something that can be relatively mundane, but it pays to have a good attorney on your side. With a good lawyer helping you out, you can avoid the more hefty fines and possible jail time associated with criminal trespassing. You may even be able to fight the charge altogether and have it dropped for a wide range of reasons.