Criminal trespass can be a serious crime in Indiana. The most common way that someone commits a criminal trespass is when they enter or remain on another’s property without permission. Usually, criminal trespass is a misdemeanor, but it can also be charged as a felony depending on the situation.
Sometimes criminal trespass is referred to as unauthorized entry or even unauthorized use. The rules can be confusing if you aren’t an expert. If you are charged with criminal trespass in Indianapolis, you should hire an attorney to explain the charges and defend you.
Different Types of Criminal Trespass in Indiana
There are several different types of criminal trespass in Indiana. Someone can commit a criminal trespass if they:
- Enter someone’s property after previously being denied entry
- Refuse to leave someone’s property after previously being asked to leave
- Drives in a car with someone they know is not authorized to use the car
- Interferes with possession or use of someone else’s property
- Enters someone’s house without consent
- Travels by train without a ticket or consent
- Enters or refuses to leave a part of a property that is locked or closed to the public
This covers a lot of different behavior. The crux of criminal trespass is usually that someone, without legitimate authority, is present on another’s property without permission.
However, it can also include interfering with someone’s physical property. This rule stems from a legal idea called trespass to chattels. An example of this may be refusing to let someone use their own computer or borrowing an item for longer than you are allowed. The reason that this is different from theft is that you may not have the intent to permanently deprive the owner, just longer than you had permission.
What Are the Penalties for Criminal Trespass?
Criminal trespass is usually a Class A misdemeanor. However, it can also be charged as a Level 6 felony if it happens at a certain location like a school, research facility, or public utility building. It can also be a level 6 felony if a person has a prior criminal trespass conviction concerning the same property.
The penalty for a Class A misdemeanor is jail time up to one year and a maximum $5,000 fine. The penalty for a Level 6 felony is 6 months to 2.5 years in prison and a maximum $10,000 fine.
Collateral Consequences
Additionally, there may be collateral consequences for a criminal trespass conviction. Collateral consequences are those that happen due to a criminal conviction but are not court-ordered.
Some of the collateral consequences may include:
- Permanent criminal record
- Difficulty finding a job or housing
- Ineligibility for certain loans
- Social stigma and isolation
- Loss of the right to vote
- Loss of the right to own a firearm
- Loss of public benefits and certain government assistance
These consequences are often much more severe for people convicted of a felony than for those convicted of a misdemeanor. However, any criminal conviction can have an undesirable impact on your future.
What Defenses Can I Raise in Response to Criminal Trespass Charges?
Even though criminal trespass is a common crime, it can be difficult to prove. There are many viable defenses for most people charged with criminal trespass. Some of the most common defenses are:
- You had consent or permission to be on the property
- You had a contractual right to be at the property
- You were never asked to leave or the no trespassing sign was not visible and clearly marked
- You accidentally entered the property or lacked the requisite intent
- You entered the property due to necessity
Additionally, you can also raise a defense of insufficient evidence. In every criminal trespass case, the prosecution has the burden to prove each element beyond a reasonable doubt. If they do, the jury will find the defendant guilty. If they fail to do so, the defendant will walk free. This is the strongest burden of proof standard in the law, which is to your benefit if you’ve been accused of a crime.
Contact an Indianapolis Criminal Defense Attorney Today
A defense attorney can help you fight criminal trespass charges. A lawyer will explain the law and your rights, in addition to the legal process. They will review evidence, negotiate with the prosecutors, and hold the government to their burden of proof. It is always helpful to consult with an experienced Indianapolis criminal defense attorney and get their help instead of risking spending time in jail.
If you are charged with criminal trespass in Indianapolis, Indiana, call Suhre & Associates DUI and Criminal Defense Lawyers for help. We offer a free consultation to review your case.
