As per the law, criminal trespassing occurs when someone intentionally enters or resides on another person’s property without authorization. It also includes instances where someone gets initially permitted to stay but denies departure even after the property’s authorized owner requests. If you are a victim of criminal trespassing, consult a lawyer to seek the available legal remedy. Consult a New Westminster criminal defence lawyer to seek legal assistance.
There are generally two kinds of criminal trespasses observed in the states. They are as follows:
- Trespassing Structures or Conveyance
Suppose an individual is found to be intentionally entering or residing in properties excluding a building or vehicles without permission or invitation to license for stay. In that case, that individual will be liable for trespassing on a structure or conveyance. To prove the offense, the prosecutor must verify the following things in front of the jury.
- The defendant is guilty of willfully entering or remaining in the structure/conveyance. The defendant has been granted permission initially to enter the space. Still, they refused to leave the structure or conveyance despite the requests and warnings made by the owner, lessee, or agent of the owner/lessee.
- The person claiming trespass against the defendant is the legal owner of the structure or conveyance. He possesses it by the law.
- The defendant’s entry or residence in the structure or conveyance was done after defying the owner’s wishes. The defendant entered the conveyance or structure without being permitted or authorized.
- Trespassing on Property Instead of Structure or Conveyance
Suppose an individual is found to be entering or residing in a property other than structures and conveyance without the invitation, permission, or license to do so. In that case, that individual will be held liable for trespassing on property other than a structure or conveyance. This criminal offense generally takes place in land-related matters. To prove the offense, it is crucial to prove the following things in front of the judge:
- The defendant is found guilty of willfully entering or remaining on the property.
- The property is legally owned by the person making a claim. They are the lawful possessor, and the property is under his authorization.
- The defendant has been notified about the prohibition in entering or residing on the property through proper communicative resources like actual conversation, posts, or fencing.
- The defendant entered and remained in the alleged property without being permitted by the legal owner of the property or anyone else authorized to grant an official permit.