Criminal Trespass

Criminal trespass is the act of illegally entering or staying on another person’s property. It can also involve making threats while on their property. The laws around criminal trespass in West Virginia are detailed and can sometimes lead to confusion, which might result in criminal charges. This guide will break down the different aspects of criminal trespass to provide a clearer understanding of the law.

The Four Categories of Criminal Trespass

The specific trespass charge a person faces in Wellsburg depends on the nature of the alleged offense. In West Virginia, there are four main types of trespassing. Let’s look at each one more closely.

1. Simple Trespassing

This offense is about more than just being on someone’s property. It involves staying in a place with the intention to:

• Start a fire on the premises.
• Threaten the property owner with actions, words, or gestures.
• Vandalize, deface, or otherwise damage the property.

If you are facing such allegations, it’s wise to consult with a Wellsburg criminal lawyer to understand your rights.

2. Agricultural Trespassing

This type of trespassing happens when a person enters land used for farming that is clearly marked or enclosed. The charge applies if they are told to leave by the owner or an authorized person but refuse to do so.

3. Defiant Trespassing

In this situation, an individual remains on a property even after being notified to leave. This notification can be given in several ways, including:

• Posted signs indicating that entry is forbidden.
• Verbal warnings from anyone authorized to be on the property.
• Fencing or other barriers that enclose the area.
• Direct orders to vacate from school officials, government employees at a facility, or law enforcement officers.

4. Trespassing into a Building

This offense occurs when a person knowingly enters or breaks into a building or structure without permission. This can be done through deceit, by sneaking in, or by hiding inside the premises.

And that’s why you need to hire a Wellsburg criminal lawyer

Consequences of a Criminal Trespass Conviction

Trespassing can lead to serious legal consequences, which can become even more severe under specific circumstances. For instance, if the offense is linked to a domestic violence incident or if the individual has a prior history of trespassing, the penalties can increase significantly. If a protection from abuse (PFA) order is in effect against the person, they may face additional charges on top of trespassing. Seeking advice from a Wellsburg DUI attorney can be beneficial even in non-DUI related cases due to their expertise in criminal defense.

For a simple trespass conviction, the penalties can include fines up to $300 and a jail sentence of up to 90 days.

Penalties for defiant trespass vary based on its classification as a misdemeanor. Fines can be as high as $10,000, with potential prison sentences lasting up to 5 years.

The consequences for trespassing also hinge on the degree of the felony. A felony conviction can lead to fines of up to $25,000 and imprisonment for up to 10 years. A knowledgeable Wellsburg criminal lawyer can help navigate these complex charges.

Agricultural trespassing carries its own set of penalties as defined by law, which change depending on the misdemeanor level. Fines can range from $250 to $5,000, and jail time can go up to two years.

Examples of Criminal Trespass

A variety of actions can result in criminal trespass charges. Common examples include:

• Forcibly entering someone’s home.
• Visiting a person’s property without their knowledge or permission.
• Refusing to leave a property after being asked multiple times.
• Making threats while present on someone else’s property.

Given the complexities, speaking with a Wellsburg DUI attorney can provide clarity on your specific situation.

Potential Defenses Against Criminal Trespass Charges

In many criminal trespass cases, the defense focuses on proving that the accused individual did not have the intent to cause harm or to trespass. The responsibility falls on the prosecutor to prove beyond a reasonable doubt that the defendant intended to cause trouble. However, building a defense can be difficult, particularly if the charges are connected to a domestic violence incident or a PFA violation. A seasoned Wellsburg criminal lawyer will be crucial in these scenarios.

A criminal trespass charge can have a lasting negative effect on custody arrangements, divorce cases, employment prospects, and educational opportunities. Therefore, it is vital for anyone facing these charges to secure the help of a dedicated Wellsburg DUI attorney who is committed to protecting their rights. Contact Logue Law Group 844.PITT.DUI to ensure your rights are properly defended.