Minden Trespassing Defense Lawyer

What Is Considered Criminal Trespassing in Minden?

Trespassing is a criminal offense that involves entering or staying on someone’s property without their consent. Minden’s criminal trespassing law is broad and allows only a few exceptions. Therefore, you’ll be in violation of the law if you are on someone’s property without their permission or if you are on a property where there is a fence or any other structure to keep others out. A person will also commit a trespassing offense when they stay on someone’s property after the owner asks them to leave.

 Typically, the legal definition of criminal trespassing in Minden is as follows:

• No person shall go in any structure, watercraft, or movable possessed by another without express, legal, or implied permission.
• No person shall enter upon immobile possessions owned by another without express, legal, or implied authorization.
• No person shall remain in or upon property, portable or permanent, owned by another without direct, legal, or indirect authorization.

However, there are a few exceptions for people who can enter or remain on private property without the action being considered criminal trespass. These include law enforcement, firefighters, paramedics, and some local, state, and federal government employees. Minors below 10 years are also an exception to this offense in Louisiana.  

What Is the Punishment for Trespassing?

Criminal trespassing is a misdemeanor offense in Louisiana and may not have severe penalties. However, the penalties are more stringent for offenders with multiple trespassing convictions. Some of the penalties you may face if you are convicted of trespassing include the following:

• For the first offense: A fine of not less than $100 and not more than $500 or a jail term of not more than 30 days, or both.
• For the second offense:  A fine of not less than $300 and not more than $500, or imprisonment for not more than 90 days, or both.
• For the third offense and all subsequent offenses: A fine of not less than $500 and not more than $1,000 or a jail term of not less than 60 days and not more than six months, or both. The offender will also forfeit any property seized in connection with the violation to the law enforcement authority.

While there are different trespassing scenarios, you may still be convicted of a second or subsequent offense regardless of whether any prior convictions involved the same structure, watercraft, or movable or immovable property. Our skilled Minden trespassing defense attorneys will do everything possible to pursue a reduction in charges, reduced sentencing, and a case dismissal.

Defenses Against Minden Trespassing Charges

When you’re charged with trespassing, the prosecutor must have evidence to support and prove the elements of trespassing. With complex trespassing laws, it is quite challenging for the prosecutor to prove intent. This gives you a better fighting chance to discredit any allegations against you. With the help of an experienced trespassing defense attorney, your trespassing lawyer can defend you by showing that:

• You had the right to be on the property
• You had permission to be on the property because you had been invited by the owner or the occupant
• There was no warning sign that you were not allowed on the property
• It was necessary to enter the property because of an emergency
• Poor markings of the property made it difficult to know you were on private property
• You needed to reclaim something that belonged to you

Defenses for trespassing depend on the circumstances surrounding your case. Our dedicated trespassing lawyers are well-equipped with the skills, experience, and dedication to help you defend yourself against trespassing charges. We’ll investigate your case, examine the evidence and circumstances surrounding your alleged crime, and build a comprehensive and well-rounded defense.