When it comes to trespassing, it is a broad term that refers to diverse wrongful or unlawful acts. In a simple term, it involves being on someone else’s property without prior permission from the owners. However, this crime is not as simple as it sounds.
When an individual trespasses on the property of another, the person can face serious trouble and face a civil lawsuit in extreme cases. The definition of trespassing can be different by state; it is still a crime frowned apart in the legal system.
Before charging someone of trespassing, the trespasser must intentionally go into the property, knowing fully well they don’t have permission to be there. If it is an accidental wandering around someone’s property while hiking, it is not a criminal trespass.
The trespasser must have criminal intent or perhaps ignored the “No trespassing” sign. There are also some specific acts state laws can consider trespassing, like hunting on someone’s land, or entering a vehicle without the owner’s permission.
- Report to The Police
The first line of action should be to report to the sheriffs or the police department if someone trespasses on your property. You will need to identify the person and describe the trespasser to law enforcement. The police would be able to locate him by specifying the height, gender, race, weight, and clothing of the individual.
Take note that some trespassers might have some criminal intent. It is not advisable to confront a trespasser or wait at the gate. Doing such will put you in additional danger.
- Information About the Case
As the property owner, you will receive some documents from the police, a no-trespass citation or order. The law enforcement agents will detail you with information regarding the case, as to whether the trespasser enters an appeal, get fined, or perhaps goes for hearing.
- Penalties for Trespassers
In most cases, trespassers won’t get any imprisonment terms. However, they might serve a few days in the local jail or subject to community services. But if the trespasser got arrested and detained, the case might proceed to court where they might impose a “Time served.” In other words, the judge will credit the defendant with the number of days spent in detention as part of the penalty.
- A Civil Action Against Intruders
When someone trespasses on your property, they interface with your rights to enjoy your property. Thus, you can file a civil suit against the individual. If there are damages, a civil lawsuit will take care of such.
Owners of property have the right to file a case against a trespasser since they are an unauthorized guest who could be potential criminals. Not only do you file a lawsuit for the sake of your property, but your overall safety. It would help if you did not try to engage the trespasser since you’re ignorant of the trespassers’ intent. Speak with us today.