The crime of Trespass may be charged if an individual enters a property when he is not permitted, or has notice that he is prohibited from entering. If this individual enters a property with the intent to commit a theft, assault or felony, then the felony of Burglary can be charged. Sometimes a person may be charged with a Burglary when he had no intent to steal, but entered a building to sleep or because of a mistaken belief that he was permitted. Law enforcement may impute a bad intent in such a case. In these cases, it is vital to hire an experienced criminal defense attorney.
Have you been arrested for trespassing after violating a court order?
An increased public awareness of the perils of domestic violence has led to many state legislatures strengthening laws regarding assault and abusive behavior in the home. Since law enforcement officers and the courts take these incidents very seriously, one of the repercussions of a domestic incident can be a protective order. When someone has been victimized in a domestic dispute, police, an attorney, a court, or the victim can request an “emergency protective order” to protect against possible future harm. This order carries immense weight and violating it can lead to unwanted consequences, among which is the criminal charge of trespassing. If you have been arrested for trespassing, a Houston domestic violence attorney could skillfully guide you through the legal process, protect your rights and defend you against this serious criminal charge.
A protective order or Emergency Magistrates Order often prohibits a person from entering the residence of an alleged abuse victim. This can easily lead to a trespassing charge in addition to a charge for Violation of Protective Order. For instance, if you visit the home or place of work of a domestic violence victim in defiance of a court order – even your own home – you can be arrested. Even in the absence of a protective order, criminal trespass charges could be levied in certain circumstances of continued threats, abuse or stalking. Trespass of a building is prosecuted as a Class B misdemeanor and can lead to 6 months in jail, a $2000 fine and probation. Trespass of a habitation can result in greater punishment. It is a serious criminal charge and demands immediate defense action from a skilled lawyer.
After an Arrest – Understanding Your Options
In situations of high-flying emotions and tension, it is always best to take a step back and consider your legal rights and best interests. If you are charged with criminal trespassing, the team at Chernoff Law can act immediately in your defense, fighting charges and seeking a dismissal. We understand how important the outcome of the case is to you and your future reputation and freedom, and we want to ensure that your rights are not violated and that your interests are protected when accused of trespassing.