New Orleans Trespassing Lawyer
A crime that is not often talked about is trespassing. Trespassing involves illegally entering a private property without permission. When you are found on someone else’s property without their permission, you can face criminal charges as well as civil lawsuits. It’s not a minor crime. You will need the legal assistance of a criminal defense lawyer. While trespassing typically applies to private properties, like homes and bare land, the law also protects public places, such as stores, restaurants, state parks, and other businesses where people are not permitted to lurk around. However, trespassing laws are not always cut and dry. It can be hard to tell if you are in fact on someone else’s property at times. If there are no signs or fences around a property, then you may not even know you are trespassing. If you have been accused of trespassing, you may not know what to do next. Palazzo Law Firm can defend you from the charges you face. If you want to resolve this case quickly, contact a New Orleans trespassing lawyer for help.
Elements of Trespassing
There are three main elements that must be present in a trespassing charge:
- The person must have gone into the property without permission with the prior knowledge that they cannot legally be there. Accidentally wandering into someone else’s land while on an excursion is not a crime because the person does not know that they need permission to go on that land.
- Warning or notice. It has to be clear that the owner of the property has warned that no one is allowed on their property. Most commonly, owners will put up “No Trespassing” signs to serve as a warning for anyone wandering about. Without this warning, a person may not know that they are trespassing.
- Trespassing act. Going on another person’s land to damage the property, cut down trees, hunt, or enter a vehicle without the owner’s permission are all considered trespassing.
Trespassing is typically charged as a misdemeanor but can be charged as a felony in some cases. This is true in cases where there is significant damage to the property or if the person commits another crime in addition to trespassing. Trespassing into another person’s home can be charged as burglary. For misdemeanor cases, jail time is not common. Instead, a person may be ordered to pay a fine and/or go on probation for a year or so.
Contact Palazzo Law Firm Today
Trespassing is a serious issue. If you were warned not to go on someone’s property or were asked to leave, and you stayed on the property anyway, you could face misdemeanor or even felony charges. Seek legal help from Palazzo Law Firm. We will work hard to defend your case and reduce your charges and penalties. Fill out the online form or call 504-433-1442 to schedule a consultation with a New Orleans trespassing lawyer.