Indianapolis Trespass Lawyer
Indiana’s trespassing laws are broadly written and identify several types of specific conduct that would constitute a criminal offense. It is more complex than the criminal trespass statutes of other states, and those facing a trespassing charge would be wise to obtain an experienced Indianapolis trespass lawyer for legal assistance. Eskew Law, LLC has attorneys with years of criminal defense experience and can help you determine the best course of action.
Types of Trespassing
Indiana’s criminal trespass statute found at Ind. Code § 35-43-2-2 provides that a person is guilty of a Class A misdemeanor punishable by a jail term of not more than one year and a fine not exceeding $1,000 if he or she, knowingly or intentionally:
- Enters the property of another, without having any contractual interest in the property, after having been denied entry by the owner or the owner’s agent;
- Refuses to leave the property of another, without having any contractual interest therein, after having been asked to leave by the owner or the owner’s agent;
- Rides with another person driving a vehicle, knowing that the driver knowingly or intentionally is not authorized to drive the vehicle;
- Enters the property of an agricultural operation used for production, processing, propagation, cultivation, etc., of an animal, plan, or other agricultural product, without the consent of the owner of the agricultural operation or an authorized person;
- Enters the dwelling of another without his or her consent;
- Travels on a passenger car of a train without lawful authority or the consent of the train carrier;
- Enters the property of another, without having any contractual interest therein, after having been prohibited from entering or asked to leave by a law enforcement officer and the property is vacant or designated as an abandoned property;
- Enters the property of an agricultural operation with facilities used to produce crops, livestock, poultry, livestock products, or for growing timber, as provided by Ind. Code § 32-30-6-1, without permission by the owner or an authorized agent, and knowingly and intentionally damages the property;
- Enters the property of another even though a court has issued an order denying entry to the person or the general public, which is conspicuously posted around the premises and communicates that the property has been designated as a vacant or abandoned property.
If you find yourself being charged for trespassing in any of the aforementioned scenarios, it is important you speak with a knowledgeable criminal defense attorney in Indianapolis, IN.
Ind. Code § 35-43-2-2 also provides certain instances where a criminal trespass is considered a Level 6 felony, punishable with a prison term between six months and three years and a fine not exceeding $10,000 under Ind. Code § 35-50-2-7, for offenses committed:
- On a scientific research facility;
- On a key facility;
- On a facility belonging to a public utility;
- On school property;
- On a school bus; or
- Where the defendant has a prior unrelated conviction for criminal trespassing concerning the same property.
Finally, if the offense involves an agricultural operation as enumerated above, and the defendant causes property damage, the offense is a Level 6 felony if the property damage is more than $750 and less than $50,000. If the damage amounts to $50,000 or more, it is considered a Level 5 felony which, under Ind. Code § 35-50-2-6, is punishable by a prison term of between one and six years, and a fine not exceeding $10,000. In any event, consulting a seasoned Indianapolis trespass attorney will enable you to better understand the specific legal options pertaining to your situation.
Contact an Indianapolis Trespass Lawyer If You Have Been Charged
To properly defend against a criminal trespass charge, conducting a detailed investigation and extensive analysis of the facts and the law are necessary. The Indianapolis criminal defense law firm of Eskew Law, LLC can provide you with a trespass attorney experienced in trespass charges and who will review your case to help you best mount an effective defense against prosecution. Do not hesitate to contact us by calling (317) 974-0177 or by submitting our online consultation request form.