A common scenario is where the owner of property forgets or loses the keys and decides to enter the property through a window. A neighbor, believing that a crime is in progress, calls the police.
In this type of case, there would not have been a crime since the person owned the property. Other defenses may include mistaken identity, intoxication, and lack of intent. If you were arrested for criminal trespass or burglary, you face the possibility of being sent to prison, being required to pay hefty fees and fines, probation, as well as other serious consequences.
Thus, it is important to have experienced representation who will fight for your legal rights. We can help. Contact us at LAW Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.
As noted previously, a second degree felony charge applies if the crime was committed in a habitation, and it can be bumped up to a first degree felony if the intent was to commit a felony other than felony theft.
Criminal trespass applies on residential or agricultural land, in a building, in a recreational vehicle park, or in an aircraft or vehicle. The main difference between criminal trespass and burglary is that criminal trespass lacks the intent to commit a felony, theft, or assault upon entry. A Class C misdemeanor charge applies if the trespass is committed on residential land, on or within feet of agricultural land, or within feet of a protected freshwater area.
A Class B misdemeanor charge applies otherwise. The charge may be upped to a Class A misdemeanor if the offense occurred in a habitation or other specific locations, or if the defendant carried a deadly weapon during the trespass. Misdemeanor charges can mean fines and jail time, and felony charges are even more serious.
If you are facing any of these charges, speak to a knowledgeable Fort Worth criminal defense attorney. They will understand the specifics surrounding your case and will work to build a solid defense on your behalf. Over the course of his career, he has helped countless Texans protect their rights and get the best possible outcome in their criminal cases.
Jeff Hampton may be able to get your charges reduced or dismissed, or he could win you an acquittal in a court of law.
The less time he has to study the facts of your case and develop a strong defense, though, the lower your chances are of that happening. If they provide you with adequate notice that you are barred, and you reenter or even try to reenter, the police could arrest you for unlawful entry.
Unlawful entry is different form a burglary, however. The main difference between unlawful entry and a felony burglary is that the law requires someone enter a premise unlawfully with an intent to commit a crime. If you are just entering because you were kicked out and thought it was unfair, that is generally not an unlawful entry or trespass.
If you reenter the bar you got kicked out of with the intent to steal from the register, then that rises to the level of burglary. In some cases, they will offer diversion. If you return to court after that period and there is no allegation that you returned, the government will dismiss the case. In some instances, the government may offer a Deferred Prosecution Agreement or Deferred Sentencing Agreement in an unlawful entry case.
These are further examples of diversion where the government will generally dismiss a case in exchange for community service and the person staying away from the property the police arrested them at for a period of time. Its important to talk to an experienced DC unlawful entry lawyer who can help you navigate the criminal justice system. There are also defenses to unlawful entry in DC.
0コメント