A Criminal Trespass Attorney Fights for You
If you have been charged with criminal trespass in Kentucky, the repercussions can be severe, as you will be facing fines and the possibility of jail time. 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.
Our firm’s founder and managing partner, 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 of both sides of the legal process, which can benefit his clients. He knows how the Kentucky criminal justice system operates and will personally handle your case every step of the way.
Why Choose Our Lexington Criminal Trespass Lawyers
There are many attorneys in Kentucky, and it’s important for you to find one that you feel comfortable with and who also has experience helping fight criminal charges. Here are some reasons why we think the Carman Law Firm is your best choice:
- We are experienced and bilingual. Attorney Dan Carman speaks Spanish and has accommodated speakers of other languages.
- We are recognized in our field. Dan Carman is a member of various local and national Bar Associations and has previously been named in the Top 100 Trial Lawyers and Top 40 Under 40 by the National Trial Lawyers. Mr. Carman has served as a law clerk for judges and as a judge advocate in the United States Marine Corps. He also worked as a prosecutor and a legal assistant attorney, so he knows the prosecutors, the courts and the system and how prosecutors think and operate.
- We are local. With an office in Lexington, KY, our attorneys are well-positioned to provide engaged, personalized legal service.
- We are available 24/7 for client emergencies.
Our legal team understands that people accused of a crime may feel vulnerable and confused, so we do everything possible to make you feel safe, listened to and understood. You can benefit from our knowledge and court experience. Call us at any time, seven days a week.
WE ARE DEDICATED TO PROVIDING THE HIGHEST POSSIBLE LEVEL OF SERVICE
How Our Criminal Trespassing Attorney Helps You
Every person who works at Dan Carman— lawyers and support staff — shares our commitment to our clients. When you have our team on your side, we will:
- Meet with you to discuss your criminal trespass charges, and determine the best way to handle them
- Investigate your case and gather evidence such as from surveillance photos and videos, police reports and records, and interviews with witnesses
- Examine the facts of your arrest and look for flaws in the case and mistakes made by police and prosecutors
- Prepare you to go to court and prevent you from saying or doing anything that would hurt your case
- Make sure all forms are filed correctly and court appearances are made in a timely manner
- Negotiate and plea bargain for a lesser charge or dismissal
- Take your case to court and litigate aggressively on your behalf
- File any appeals if necessary.
When our criminal trespass defense lawyers take your case, we gather information quickly and look at all defense options based on the facts. Dan Carman can provide you with representation that may make a difference.
What is Criminal Trespass in Kentucky?
According to Kentucky law (Chapter 511 of the Kentucky Revised Statutes), there are 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 in a building or on 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.
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.”
Call Our Criminal Defense Attorney for Help
If you have been accused of criminal trespass or any other criminal charges in Kentucky, your future and your reputation are at stake, so do not try to fight these charges alone. 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 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.