Like many states in the nation, Louisiana has a very important law in its legal system that essentially says it is illegal for you to enter the property of someone else without the expressed written consent of that property owner. This law is very important to have because it is what guarantees our right to privacy while on our own property. Because of that, it can carry potentially stringent penalties and punishments that will negatively affect your quality of life and could potentially lead to jail time as well. Trespassing onto someone else’s property is not only illegal in most places but also seen as morally wrong because it is like stealing something that is not yours. Carl Barkemeyer, criminal defense attorney has been representing and defending clients charged with criminal trespassing for many years and has extensive knowledge of the charges and how to potentially successfully defend against them while being convicted in court. If you have been charged with criminal trespassing in Livingston Parish or Denham Springs, Louisiana, then we highly recommend you contact us for legal assistance so we can work on a defense for your specific case that will help fight for your freedom against the criminal trespassing charges.
The simple idea of criminal trespassing is that you are entering or coming onto someone else’s private property without their consent or allowance to do so. However, some exceptions to the law do apply so the legal definition of criminal trespassing is as follows:
A. No person shall enter any structure, watercraft, or movable owned by another without express, legal, or implied authorization.
B. No person shall enter upon immovable property owned by another without express, legal, or implied authorization.
C. No person shall remain in or upon property, movable or immovable, owned by another without express, legal, or implied authorization.
D. It shall be an affirmative defense to a prosecution for a violation of Subsection A, B, or C of this Section, that the accused had express, legal, or implied authority to be in the movable or on the immovable property.
There are some exceptions for people who are allowed onto the private property like law enforcement, firefighters, or paramedics who are all following their assigned duties. Some local, state, and federal government employees who are following their assigned duties can also be considered exceptions to the criminal trespassing law in Louisiana. A minor who is under the age of 10 years old is also considered an exception to the criminal trespassing law.
Criminal trespassing is considered a misdemeanor in Louisiana so the penalties are not as severe as a felony. However, they can be quite stringent penalties especially if you have multipl convictions for trespassing. The punishment for violating the criminal trespassing law and being convicted are as follows:
(1) For the first offense, the fine shall be not less than one hundred dollars and not more than five hundred dollars, or imprisonment for not more than thirty days, or both.
(2) For the second offense, the fine shall be not less than three hundred dollars and not more than seven hundred fifty dollars, or imprisonment for not more than ninety days, or both.
(3) For the third offense and all subsequent offenses, the fine shall be not less than five hundred dollars and not more than one thousand dollars, or imprisonment for not less than sixty days and not more than six months, or both, and forfeiture to the law enforcement authority of any property seized in connection with the violation.
These penalties are quite strict for criminal trespassing including hefty fines of over $500 in some cases and jail time of up to 60 days. The penalties can also stay on your permanent criminal record which will negatively affect your life in the future by limiting employment opportunities as well as application to college and university. The punishment for criminal trespassing should not be taken lightly because they are serious penalties that can cause a burden on yourself as well as on your loved ones as well.
Having the right to privacy on your own property is a very important right in Louisiana and America as a whole. That is one main reason why criminal trespassing can be considered as a serious criminal charge that brings strict punishment with it. Entering someone else’s property without their expressed consent or allowance is morally and legally wrong and you will most likely be tried for criminal trespassing if you are caught. The punishments for criminal trespassing are quite serious and should not be taken too lightly. If you have recently been charged with criminal trespassing, we highly recommend you seek legal assistance sooner rather than later so that a defense can be created around your specific case to help fight for your freedom and your future life. Carl Barkemeyer, criminal defense attorney has represented and defended many criminal trespassing cases in the past and is very experienced with defending the charges. Mr. Barkemeyer and his team of knowledgeable lawyers can provide you with legal advice and a defense that can hopefully help bring about a more ideal result for you and your loved ones after being charged. It is imperative that you contact a criminal trespassing attorney like Mr. Barkemeyer so that you can keep your peace of mind and work towards a brighter future that hopefully won’t contain jail time or fines for the criminal trespassing charges. If you are currently being tried for criminal trespassing in Livingston Parish or Denham Springs, Louisiana, contact us at (225) 964-6720 for immediate legal assistance.
H. Taylor - Baton Rouge, Louisiana
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