How to Charge Someone With Trespassing

To charge someone with trespassing, first make clear your property is off-limits with a sign, fence, or locked door, then report the trespasser to local police or the sheriff's department. Officers can issue a no-trespass citation or make an arrest; criminal charges are then filed by the prosecutor.

If someone enters your property without permission, you may ask them to leave and call the police. If the person poses an immediate threat of death or serious bodily harm to you or your family, self-defense law in every state lets you protect yourself, and in some "stand your ground" and castle doctrine states you have no duty to retreat first. Using deadly force to protect property alone, without a threat to a person, is a much narrower and more state-specific question, so do not assume it is allowed where you live without checking your own state's law.

Quick take: What is trespassing?

• To prove criminal trespassing, you must generally show that the accused entered your land or property, that the property belongs to you, and that you did not consent to the entry.
• Some states also require proof that the trespasser caused damages.
• The accused must generally have shown 'intent to enter.'
• Under the castle doctrine, some states allow you to use a "reasonable response," which can include force, to protect yourself or your property.
• Most states do not authorize deadly force to defend property alone, separate from a threat to a person; the rules vary significantly by state, so check your own state's law.
• Adverse possession may allow trespassers to gain legal ownership of your land or property over time.
• A no trespassing sign is one of the best protections against adverse possession claims.
• Only government officials may restrict access to public property.
• On private land, it is up to the property owner to decide who gets in and who does not.

How to charge someone with trespassing

When you enter private property without permission from the owner, you violate your state's criminal trespass laws. Consequently, the property owner has the right to ask you to leave, call the police if you refuse to leave, and if you pose an immediate danger to the land or property owner, "stand your ground laws" allow property owners to defend themselves in some states.

Note: 'Stand your ground' should be a last resort, as confronting a trespasser may put you in additional danger.

Ideally, if you are in a position to do so, the first steps you should take would be to report the trespasser to the police or sheriff's department. When reporting someone, you should take specific notes of anything law enforcement may be able to use to identify the trespasser.

This includes notes such as:

• Height
• Gender
• Race
• Weight
• Clothing
• Car (make, model, and license plate)
• Personal information you may have about the trespasser (name or address)

After you have created a police report, if you are the property owner, you should receive some ongoing information from the police, such as a no-trespass citation and additional information about the case. The trespasser may appeal, get fined, receive a trespass warning, or even receive a jail sentence in more extreme cases.

For example, in Florida, Florida Statute 776.013 allows a person in their dwelling, residence, or occupied vehicle to use non-deadly or deadly force against someone who unlawfully and forcibly enters, under the specific conditions the statute lays out.

The statute reads in part:

"A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use: (a) Non-deadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force; or (b) Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony."

What is legally considered trespass?

The definition of trespass varies depending on state law; however, the elements of the crime are similar. That means you are guilty of criminal trespass if you intentionally enter another person's property without permission and remain there.

What is the difference between criminal and non-criminal trespass?

Non-criminal trespass happens when you enter someone else's land or property accidentally. On the other hand, you are guilty of criminal trespass if you had intent or knew that you do not have permission to be on the land. For example, if you ignore a No Trespass sign, you are guilty of criminal trespass.

What is the point of no trespass signs?

In most states, to accuse someone of trespass, there must be a No-Trespass sign on a conspicuous section of the land or property. Another option is to fence the property or lock the doors. Because of that, to enter your property, an individual must make an effort, such as jumping over a fence or breaking down the door (criminal acts).

It is also worth noting that entering someone else's vehicle without permission constitutes trespassing.

In short, if you intend to pursue criminal charges against someone for trespass, you must make sure that:

• The accused entered your property or land of their own free will or on purpose. If the trespass was accidental, ask the individual to leave instead of pursuing criminal charges.
• You reasonably informed the trespasser that they were on private property, such as by posting a sign, building a fence, or locking the doors.
• The individual had intent, such as to commit a crime, damage property, or spy.

Can you be guilty of trespass in public spaces?

Yes. You may face trespass charges if you enter a restricted area, or if someone with the authority to ask you to leave does so and you ignore the request. It is also worth mentioning that you may also face trespass charges if you break into a vending machine.

Under the US Constitution, you have the right to access public property, but that right is not absolute.

In short, what you need to remember is:

• You do not have the legal right to enter private property without the owner's permission.
• Consent to enter private property must come from the property owner, the lessee of a leased property, a business entity, or a group of owners, depending on who controls the property.
• Consent to enter could be verbal or in writing.
• Implied consent can be hard to prove or defend. Written or clearly stated verbal consent is safer for both sides.

That raises the question:

What are the three types of trespass?

There are three types of trespass, as explained below.

1. What is meant by a 'Trespass to the Person'?

If you intentionally interfere with someone else's body or liberty, you are guilty of trespass to the person. Examples of 'trespass to person' in the US include:

• Assault
• Battery
• False imprisonment

If you are a victim of false imprisonment, battery, or assault, you have the right to take civil action, and at the time of the crime, you have the right to protect yourself.

2. What is meant by trespass to chattels?

Trespass to chattels refers to the unauthorized use of property without consent from the property owner. To prove it, you must show that the accused dispossessed you of your property, the property/chattel's condition, quality, or the value was impaired, the accused possessed or used the item for a substantial time, and that harm to person or item occurred.

In other words, if someone uses your property without permission and damages it, you have the right to file a claim.

What to remember:

• 'Mistake of ownership' is not a valid defense in a chattel claim.
• The term 'chattel' refers to personal, movable property, such as an ATV, motorcycle, or laptop.
• In a chattel claim, you generally do not need to show 'intention of harm' to a person.
• The use of the item must have been unauthorized or unlawful.

3. What is meant by Trespass of land?

As mentioned, trespass to land occurs when you enter someone else's real property, such as land, a building, or a structure, without permission. For example, Alabama Code Section 13A-7-2, criminal trespass in the first degree, defines the offense in relevant part as:

"A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling."

In Alabama, criminal trespass in the first degree is a Class A misdemeanor. What counts as a "dwelling," the degrees of the offense, and the penalties involved all vary by state, so check your own state's statute for the rule that applies to you.

How do I remove a trespasser from my property?

If you fear for your safety, the first thing you should do is contact the police. To make it easier for the police to find the trespasser, you should describe the clothes the individual is wearing to the police, and the person's height, weight, race, or other identifying information.

Do you have the authority to restrict access to property?

Before you ask someone to leave, it is vital to ensure that you have the authority. For example, in a private building, only the property owner has the authority to restrict access, whereas, in public spaces, only government officials may restrict access to certain areas.

Can you defend yourself against a trespasser?

Yes. If the trespasser is an immediate threat to your person or someone else on your property, the law allows you to protect yourself. However, in most states, the law allows you to use a reasonable response when defending yourself or your property.

For example, Florida's Castle Doctrine allows you to use lethal force only if the trespasser attempts to unlawfully and forcibly enter your dwelling, residence, or occupied vehicle, not simply because they are somewhere else on your property.

Can I forcibly remove a trespasser?

"Reasonable force" under state law means that you may use force that is objectively reasonable under the circumstances you find yourself in.

Therefore, if the situation makes it necessary to remove the trespasser using force, then you may use force to remove the trespasser.

It is best to consult your state's self-defense and castle doctrine laws to see whether your state recognizes a castle doctrine, and what penalties may apply if you use force to defend your land, since these rules vary significantly from state to state.

If you find yourself in legal trouble after defending your property, especially if someone was seriously hurt, it is best to consult with an experienced criminal defense attorney, since the encounter could raise questions about the difference between murder, homicide, and manslaughter.

What are your rights against trespassers?

In the US:

• You have the right to privacy on your own property.
• You may do what is reasonably necessary to protect yourself and your family.
• When acting in self-defense, your response should be proportional to the threat you face.
• If you attack a non-criminal trespasser without provocation, you risk a civil lawsuit and criminal assault charges yourself.

Can property owners sue trespassers?

Yes. If someone enters your property without consent and causes damage, you have the legal right to take civil action.

What is adverse possession of land or property?

In some states, a trespasser may occupy your land and gain ownership of it over time. The reason for that is the Adverse Possession Doctrine or Squatter's Rights.

How does it work?

• Someone may come onto your land intentionally or unintentionally and start living on it.
• The trespasser makes improvements to the land, such as planting a garden or building a structure.
• The trespasser possesses the property openly and continuously for a set statutory period, often somewhere between seven and twenty years depending on state law.

How do you prevent adverse possession?

If someone illegally occupies your land or property, what you should do is call the police. You may also use reasonable force to remove the individual.

What if the person has built a structure or made an improvement to your land?

If you allow the trespasser to stay on your land for too long, or if the individual develops the property, you may need a court order to have the trespasser removed.

That said, the best protection you have against adverse possession is installing trespass warnings in the form of trespassing signs on your land or giving written permission to anyone who frequently uses it. For example, if a neighbour frequently parks his vehicle on your property, make sure that the individual has written consent from you to do that.

What are the penalties for trespassing?

Penalties for trespassing vary significantly by state and by the facts of the case. Many states treat a first-time, non-violent trespass as a low-level misdemeanor, punishable by a warning, a fine, or a short jail sentence. As shown above, Alabama classifies first-degree criminal trespass into a dwelling as a Class A misdemeanor, for example.

Trespassing can be charged as a more serious offense, sometimes a felony, when aggravating factors are present, such as trespassing while armed, trespassing on certain critical infrastructure or agricultural facilities, repeat offenses, or conduct that overlaps with burglary, meaning entering with intent to commit another crime. Because the classification and range of penalties differ so much from state to state, check your own state's criminal code or talk to a local attorney for the penalties that could apply in your case.

What are the defenses to trespass to land?

If the property owner brings charges against you, some defenses you may use include:

• Consent. Written consent is easiest to prove, though verbal consent can also be a defense.
• Public or private necessity, such as entering to escape a dangerous situation or to assist someone in an emergency.
• A legal right or license to be on the property, such as a utility easement, a court order, or a landlord's or law enforcement officer's lawful authority to enter.

The best defense depends on the facts of the case, so we recommend consulting with a criminal defense attorney immediately.