Burglary and Trespass Cases

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Burglary and trespass cases can sometimes be confusing.  Often, burglary is confused with theft crimes.  But not all burglary crimes require an element of theft, and in fact, burglary crimes relate closer to trespass cases than theft cases.  Burglary occurs when someone enters into a structure illegally with intent to commit a crime within, whether it be theft or anything else.
 
Burglary and Trespass Cases
 
Trespassing charges can come about due to a variety of circumstances.  If someone has been given a formal warning not to return to a certain location, or has been “trespassed,” the original “trespassing” warning is not a crime, but anytime the individual returns thereafter can be charged with a crime.  Trespassing can also occur without a warning under certain circumstances, such as if an individual is going onto a posted land.
Trespassing felonies can be especially costly and be considered a serious crime if the individual trespassing is in possession of a firearm.  Hunters often get charged with this crime when they wander onto land that they should not be on.

Defending a Trespassing Charge 

There are many ways to defend against trespassing charges.  For example, while a landlord may not have the right to enter a tenant’s apartment whenever they want, they do have the right to enter whenever they need to make repairs.  A person is also not guilty of trespass if they are entering another person’s land in order to protect life or property during an emergency situation.  For example, it is not trespassing if someone at the scene of a traffic accident goes onto private property to pull a victim from one of the vehicles. 

Trespass charges can also not be brought up if there has previously been permission or consent - for example, if someone calls for an estimate on roof repairs, they cannot accuse the repairman of trespassing.

Have You Been Accused of Trespassing?

If you have been accused of burglary or trespassing, contact the Kissimmee criminal defense attorneys at Draper Law Office today at 866.767.4711 or via our online contact form to learn more about your rights.

 

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