Criminal Trespass

Have you been charged with criminal trespass?

Whether this is the first time you have been arrested or you have prior criminal convictions on your record, securing good legal representation early in the process is crucial to the defense of your case. Come to the Carman Law Firm to discuss the charges, review the circumstances of your arrest, and make a plan for defending your rights.

The founder and managing partner of our firm, Dan Carman, has wide-ranging experience from when he served in the United States Marine Corps as defense counsel, prosecutor, legal assistance attorney, and in-house counsel for an infantry battalion. This background gives him a valuable understanding about both sides of the legal process, which can be very beneficial to his clients. He knows how the Kentucky criminal justice system operates and will personally handle your case every step of the way.

What is criminal trespass in Kentucky?

Chapter 511 of the Kentucky Revised Statutes lists three degrees of criminal trespass:

  • First degree criminal trespass is a class A misdemeanor, and includes knowingly entering or remaining unlawfully in a dwelling.
  • Second degree criminal trespass is a class B misdemeanor, and includes knowingly entering or remaining unlawfully into a building or onto other real property where notice against trespass has been given by fencing or other enclosure.
  • Third degree criminal trespass is a misdemeanor violation, and includes knowingly entering or remaining unlawfully in or upon premises.

What are the penalties?

Although less serious than a felony, a misdemeanor is still not a minor legal problem. The penalties that can be imposed for a class A misdemeanor are up to 12 months in jail and a maximum fine of $500. For a class B misdemeanor, a defendant can be sentenced to a maximum of 90 days in jail and a fine of up to $250. Even a violation carries a maximum fine of $250.

What are the defenses?

Trespass requires that a defendant knowingly entered in or remained unlawfully upon some property without the authority to do so. Trespassing can occur on both private and public property, and you do not have to be told verbally that the property is off limits. It is important to remember that even if you enter a structure or property with the owner’s permission, you can still commit trespassing if the owner later orders you to leave but you choose to remain.

Possible defenses to the crime of trespass include:

  • You had the right or permission to be on the property.
  • You had the owner’s consent to be on the property.
  • You did not intentionally enter the property.
  • You did not actually obstruct or interfere with activity on the property.
  • Your action was strictly necessary to prevent a public disaster.
  • You entered the property to abate a nuisance.
  • Someone else, not you, committed the offense.
Note that if the property was “unimproved and apparently unused land which is neither fenced nor otherwise enclosed, a person who enters or remains does not commit criminal trespass unless notice against trespass is personally communicated to him by an authorized person or unless notice is given by posting in a conspicuous manner.”

We Can Help

You may have been completely unaware or simply made an error in judgment and gone on someone else’s property without any unlawful intent. Make sure you have an advocate in your corner, an experienced criminal defense lawyer who will thoroughly review and investigate the factual and the legal issues in your case. Judges vary in how they punish those who are convicted. Fight back against a misdemeanor charge and keep your record (and your reputation) clean.

From Kentucky misdemeanors to federal charges and felonies, the Lexington-based Carman Law Firm has the knowledge and experience necessary to obtain the best possible resolution of your criminal charges. KY trespass defense attorney Dan Carman provides aggressive representation with proven results to clients throughout the state in communities such as Fayette County, Richmond, Winchester, Georgetown and Nicholasville. A native of Lexington and a graduate of the University Of Kentucky College Of Law, Dan is dedicated to helping those in his community who may find themselves struggling with serious allegations. Not all criminal charges have to end in convictions. Contact him today and tell him your side of the story. Call (859) 685-1055 or fill out this online contact form.