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Difference Between Trespass and Criminal Trespass

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Posted By William McAdams | November 12 2024 | Criminal Defense

The Difference Between Trespass and Criminal Trespass

Trespass can be civil or criminal. Civil trespass allows the property owner to seek compensation, while criminal trespass is punishable by the state. For example, ignoring a “No Trespassing” sign is criminal trespass, but hiking across a field without signs is usually not considered trespassing.

Trespass is a complicated legal concept that can refer to both civil and criminal matters. Either way, if you are accused of trespass, you could find yourself in court and facing serious consequences. For this reason, if you or someone you know is facing allegations of trespass, you should contact a criminal defense lawyer in Greeley today. Call (970) 353-0000 to ensure that your rights are protected and to receive guidance throughout the legal process.

What Is Trespass?

Trespass that is not criminal is civil. It involves the act of knowingly entering or remaining on someone else’s property without permission. It happens when an individual enters onto private property, such as someone’s land or dwelling without the owner’s consent. Civil trespass is a tort, meaning that the land owner can recover compensation for any losses they incurred as a result of your trespass.

What Is Criminal Trespass?

Criminal trespass, on the other hand, is a criminal offense. This means that the state, not the land owner, is the one bringing the legal action. In addition, rather than seeking damages, the state is seeking to punish you for committing a crime.

What Are the Consequences of Criminal Trespassing?

The consequences of criminal trespassing can vary depending on a number of factors. For example, 3rd-degree trespass is a petty offense punishable by a fine of up to $300 and 10 days in jail. That said, if the trespass involves agricultural land with a fence, it is a class 5 felony, punishable by fines of up to $100,000 and three years imprisonment. Generally, the punishments for criminal trespass include

  • Fines
  • Community service
  • Probation
  • Imprisonment

Being convicted of criminal trespass can also have long-term consequences, including problems getting into school, getting a job, renting an apartment, or general harm to your reputation in your community.

What Should You Do When Facing a Criminal Trespassing Charge?

If you are facing a criminal trespassing charge, it is crucial to seek legal representation from an experienced attorney as soon as possible. A skilled lawyer can help you understand your rights, navigate the legal process, and build a strong defense strategy tailored to your specific case. They will evaluate the evidence against you, identify any weaknesses in the prosecution’s case, and work to achieve the best possible outcome for your situation. In some cases, the best course of action may be to plead guilty pursuant to a plea bargain arrangement negotiated by your lawyer.

Call a Greeley Criminal Defense Lawyer Today

McAdams Law Office, with trusted attorneys Bill McAdams and Johnathan Stein, is a law firm with more than 20 years of combined experience. Mr. McAdams’ background as a former Colorado prosecutor provides valuable insights into the tactics and dynamics of the prosecution, giving our clients a strategic advantage.

If you or someone you know is facing criminal trespassing charges in Greeley, our skilled Greeley criminal defense lawyers are here to help. Contact McAdams Law Office today at (970) 353-0000 to schedule a consultation and ensure that your case is resolved as favorably as possible.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partiner, William McAdams who has more than 25 years of legal experience as a personal injury attorney.