Aggravated trespassing is a severe offense where an individual unlawfully enters another person’s property after threatening physical injury.
The penalties for aggravated trespassing can be severe due to the intent to cause harm. It is essential to hire a lawyer, or you could spend time in prison.
What constitutes aggravated trespassing?
Aggravated trespassing is when someone enters someone’s house after threatening to harm them. The threats can be made verbally or in writing.
Trespassing can happen on public or private property and can be awarded an infraction, misdemeanor, or felony, depending on the circumstances.
Criminal trespass is intentionally entering or remaining on someone’s property without authorization. Depending on the type of property, the penalty awarded can be a fine, jail time, or prison time.
Legal consequences of aggravated trespassing
If you threaten someone and then enter their property within 30 days of issuing the threat, you can be charged with aggravated trespass. This could involve up to 3 years in prison.
The penalties for aggravated trespass include:
- Formal probation
- Anywhere between 1-3 years in prison
- A fine between $2,000-10,000
If you’re an immigrant, you could face deportation if, through the course of the trial, other factors add to the severity of the action.
The victim can sue you for monetary compensation due to the distress you caused.
Factors that change your charges
Trespassing can also be considered aggravated if you stay on someone’s property after they ask you to leave. Some states require notice to the trespasser, and verbal notice is considered sufficient in some states.
Some states also classify other acts, such as entering someone else’s car or hunting on someone else’s grounds, as trespassing.
Entering someone’s home generally carries a higher level of punishment than other properties.
If trespassing led to damaged property or your behavior was brazen in any way, you may face harsher penalties.
Possession of a deadly weapon while you committed the act significantly changes the charges against you.
What the prosecution needs to prove
In order to prove that you trespassed, the prosecution would need to prove that
- You entered someone else’s property when you had no right to be there.
- You knew the place was off limits. For example, there was a “No Trespassing” sign at the entrance.
For aggravated trespassing, in addition to the above, the following have to be proved:
- You made a credible threat to someone. This could have been verbal, written, or via email or text.
- Your threat gave them reason to fear for their safety or the safety of their loved ones.
- You forcibly entered their home or their workplace with the intent to threaten or hurt them.
- You entered the property within 30 days of making the threat.
The things that can support the charges include:
- Eyewitness testimony
- Your relationship with the victim
- Your behavior after the threat
- Prior interactions that indicate hostility or intent to hurt
How to defend yourself
Even if you are charged with a crime, you have the right to defend yourself. If you were unfairly accused of the crime, your lawyer can defend you by proving the following:
- The threat made was not a threat and was said in jest.
- There was no intention of harm. This can be proved through eyewitness testimony of the incident or previous encounters.
- You entered the property with the intention of making amends or apologizing. If you sent a message to the victim before entering their property indicating the desire to do so, it can be used as evidence to prove your intentions.
Conclusion
As you can see, an aggravated trespassing charge can quickly get complicated or lead to additional charges. Having an experienced lawyer defend your case will help you save yourself from a criminal record.