Trespassing Defense

If you wind up facing a trespassing charge you might think it’s not anything to be concerned about. In most cases, trespassing is a minor offense, but it still goes on your criminal record. Depending on the circumstances though, such as where you trespass, it can be much more serious and can lead to jail time and fines. It’s a good idea to consider the importance of a good legal defense any time you are facing charges no matter how minor or severe the charges may be.

If you live in Indianapolis or the surrounding area, then Shircliff Law LLC is the local law firm that will be there for you when you need us. David Shircliff is an Indiana criminal defense attorney that has been handling criminal cases of all types for over 20 years. In his time David has handled over 200 cases with impressive results. He knows the law and is here to help with your legal situation as best as possible. He has gotten results including getting sentences reduced, lowering the penalties and getting acquittals for clients.

When you contact us at 317-279-4894, you can get a free consultation where we will discuss your unique case and the ways that we can help defend you.

What Is Trespassing?

According to section 35-43-2-2 of Indiana Code, trespassing is the intentional unlawful entry of or onto another person’s property. Property owners in Indiana have the right to refuse entry to their property for any reason. The key to a trespassing charge of any kind is that the prosecution must prove intent in order for it to be considered a crime.

Here are some examples of trespassing:

• Intentionally entering another person’s property without permission
• Interfering with the lawful use of another person’s property without consent from the owner
• Refusing to leave a person’s property after being told to do so
• Using or traveling in a vehicle with a person who does not have permission to use that vehicle
  Traveling by train or railcar without express permission from the operating authority

Most cases of criminal trespass are classified as a class A misdemeanor that carries a penalty of 1 year in prison and a fine of up to $5,000.

There are special considerations for repeat offenders which can cause the penalties to be more severe. Additionally, trespassing upon federal property, interfering with federal business or causing issues that disrupt security and general welfare of the public are considered more severe crimes.

Why You Need a Criminal Defense Attorney

Even though trespassing is typically only a misdemeanor it still carries harsh penalties, and can take you away from your family and friends and impose an unnecessary financial burden on your life.

A criminal defense attorney is able to analyze and understand the facts of your case and determine if you knowingly committed a crime. A defense attorney can fight against the prosecution to prove that you had no intent to commit trespassing or were not aware that you were entering onto private property.

The prosecution has to prove their case beyond a reasonable doubt and without concrete proof of intent it is difficult to prove such a claim against a strong defense.

Shircliff Law LLC Is Here to Help

When you’re facing criminal charges you shouldn’t have to go it alone. Shircliff Law LLC has the knowledge, passion and experience you want on your side before going to court. Reach us online or over the phone at 317-279-4894.