Everyone wants to feel that their property and family are safe from intruders. Companies often have security measures in place to make sure those who are not supposed to be on the property cannot enter it. Even if no property is taken or destroyed and no one is harmed, it is a crime in Delaware to be on or inside a person’s property without permission.

Have you been accused of trespassing in Delaware? In the state of Delaware, there are multiple levels of trespassing charges. If you have been arrested for criminal trespassing, you should speak to an experienced trespassing defense attorney who will work to get your charges reduced, dropped or dismissed.

What Constitutes Trespassing On Private Property?

Trespassing is defined as entering a property without permission. However, trespassing is not always that simple or obvious. A shopping center welcomes visitors, and yet it is possible to be a trespasser on the property of a retail center. Or you may unknowingly enter someone else’s land and be considered a trespasser. The key difference is whether the trespass is considered a civil or criminal offense.

Civil Trespassing

Trespassing is an umbrella term that can refer to either civil trespass or criminal trespass. Civil trespass occurs when you enter or access another person’s property without their authorization and are unaware that you are on another person’s property. This lack of knowledge is a key difference in civil trespass and criminal trespass.

For example, imagine that every year you pick berries on your neighbor’s property, and you’ve done so for years. This year, your neighbor yells at you for picking berries on his property and tells you to leave. Later, you receive a notice that you are being sued by your neighbor for trespass. If you had reason to believe you were welcome on the property because your neighbor has allowed you to access his land before, this will be a civil trespass case in which your neighbor seeks damages from you. But if you continue entering your neighbor’s property after he has revoked your privilege to pick berries on his land, the scenario becomes criminal in nature.

Criminal Trespassing

The standard elements of criminal trespassing are:

• You are intentionally entering or staying on someone’s property.
• The property belongs to someone else.
• You do not have permission to be on the property.

Criminal trespassing is when you knowingly enter or remain on a property without authorization. Intent is considered an essential factor in criminal trespass. Either you must enter a property knowing you do not have permission to be on the property, or you must remain on the property after you learn that you do not have permission to be there. This rules out accidentally wandering onto another person’s land while hiking as a criminal trespass, because there is no intent.

While property owners can inform a trespasser directly that they need to leave the premises, there are additional ways to notify others that a property is off-limits, such as a sign that reads “No Trespassing.” In some states, laws require that warning or notice must be posted to alert you that you don’t have permission to be on the property or you may be convicted for trespassing. In Delaware, there is no verbiage around signage or unenclosed areas. But if you enter an area that is enclosed or fenced, you could be found guilty of trespassing in Delaware.

Criminal trespassing is a concern for companies, as trespassers on a commercial property can interfere with the safe operation of a business. If you linger in front of a shopping center, for instance, it may hinder its ability to do business. Customers will not feel safe or comfortable entering the building if someone is standing in front of it suspiciously. Trespassing can also be a gateway to theft, vandalism, loitering and dumpster diving, all of which result in additional problems and costs for a company.

What Are the Different Degrees of Trespassing?

Have you been charged with trespassing in Delaware? If so, you should know what the different types of trespassing are and the charges that are associated with each type. Delaware has four different levels of trespassing:

• § 821 Violation — Criminal Trespass in the Third Degree: Criminal trespass in the third degree is considered a violation. When you knowingly enter or remain upon real property unlawfully, you are determined to be guilty of criminal trespass in the third degree.
• § 822 Unclassified Misdemeanor — Criminal Trespass in the Second Degree: Criminal trespass in the second degree is considered an unclassified misdemeanor. When you knowingly enter or unlawfully remain in a building or upon real property that is fenced or enclosed in a manner designed to exclude intruders, you are guilty of criminal trespass in the second degree.
• § 823 Class A Misdemeanor — Criminal Trespass in the First Degree: Criminal trespass in the first degree is considered a class A misdemeanor. When you knowingly enter or unlawfully remain in a building or dwelling used to shelter, raise, milk, house, feed, study, exhibit or breed animals, you are guilty of criminal trespass in the first degree.
• § 820 Class B Misdemeanor — Trespassing With Intent to Peep or Peer Into a Window or Door: Trespassing with the intent to peep or peer into someone else’s window or door is considered a class B misdemeanor. When you knowingly enter an occupied property or premises that is utilized as a dwelling with the intent to peep or peer into a door or window, you are guilty of trespassing with intent to peer or peep.

The charges that are brought against you depend on the specifics of the situation. Who is the property owner of the building or real property where you were trespassing? Did you damage property while trespassing?Trespassing charges are frequently made in conjunction with additional charges, and seeking the services of an experienced attorney in Delaware is crucial if you have also been charged with theft.

Specific acts are often considered trespassing in many states, such as:

• Tampering with a vending machine.
• Staying on public property after it closes.
• Hunting on another person’s land without permission.
• Entering a motor vehicle without the permission of the owner.
• Cutting down trees on someone else’s property without authorization.
• Failing to leave a public space after you have been ordered to do so.
• Refusing to leave after being invited into someone’s house.

What Should You Do If You Are Charged With Trespassing?

Regardless you whether you knowingly trespassed on someone else’s property or you are being wrongfully accused of intentionally trespassing, we recommend following these tips if you are charged with trespassing in Delaware:

Talk to an Attorney Now

1. Take Charges for Criminal Trespass Seriously

Upon arrest, be cooperative with the police officers arresting you. Resisting arrest, fighting or running away could lead to more charges and penalties, and this behavior may be used against you as evidence that you were aware you were committing a crime. Be sure to comply with the officer’s orders. After your rights are read to you, remain silent. You do not need to argue your case or speak to investigators or officers until your attorney is present.

Many factors are taken into consideration when you are charged with criminal trespass. Were you aware that you were entering someone’s private property? Did you have a reason to believe that you would be welcomed or that your presence was allowed on the property? Did you enter the wrong company’s property or the wrong person’s property by mistake?

While Delaware’s most serious level of criminal trespass is just a misdemeanor, having a criminal record may increase the odds that future charges may be pursued more aggressively. With a misdemeanor on your criminal record, you may be prosecuted at the misdemeanor or felony level if you are charged with a crime later. Often, the chances are greater that the prosecution will pursue felony charges due to your past. This is why it is crucial to take charges for criminal trespass seriously.

2. Know What to Expect

A person who has been convicted of criminal trespass may face a range of penalties. Courts typically do not impose significant fines, jail sentences or lengthy probation periods in criminal trespass situations. Trespassing is often considered a minor crime, but the circumstances of your case can influence the severity of the penalties. Penalties may include:

• Jail time: While state laws permit judges to impose jail sentences for trespassing, jail time for trespassing is not common. Jail sentences can range from several days to months. For more serious trespassing crimes, the jail sentence could be longer. If you are arrested, the court may consider the time you spent in jail to be time served, which means the time you have already spent in jail counts toward your punishment.
• Fines: If you are convicted of trespassing, you will most likely face a fine as your penalty. Fines can be imposed in addition to or separately from jail sentences. Fines can vary widely — they are dependent on state laws, the degree of the crime and the circumstances of the situation.
• Probation: For criminal trespassing, you may also need to serve a probation period. Probation comes with several conditions, such as a requirement to pay all court costs and fines and to not break any additional laws. Violating the conditions of your probation could lead to additional penalties, like a longer probation period or jail time. Typically, probation is either supervised or unsupervised.
• Supervised probation: During supervised probation, you must meet with your probation officer regularly and comply with the orders given by the officer. You may need to let the probation officer search your vehicle or home, and you may have to take random drug tests. Supervised probation is usually imposed for more serious trespassing charges or for offenders who have previous criminal records.
• Unsupervised probation: During unsupervised probation, you must comply with the probation conditions imposed by the court. Unlike supervised probation, you will not need to be monitored by a probation officer or meet with one regularly. Unsupervised probation is usually imposed when an offender does not have any prior convictions.
• Court costs: If you are convicted for trespassing, you will likely be required to pay for court costs and reimburse the prosecutors or the court for the costs incurred during the criminal justice process. These costs will be imposed in addition to other penalties.

3. Reach Out to a Delaware Property Crime Defense Lawyer

If you have been charged with trespassing, you should get a Delaware property crime defense lawyer. While you may be able to defend yourself, the best outcome often comes from being represented by an experienced defense attorney. When a defense attorney launches an aggressive defensive, the case tends to go quite differently from a defense launched by someone with limited legal knowledge and training.

After your rights are read to you upon arrest and you are taken to the police station, continue asking for your attorney until the officers allow you to place a phone call to them. An experienced lawyer understands criminal trespass law and how court cases work. A professional attorney can also call upon investigators and additional professionals to assist in mounting the strongest defense for you. Additionally, a lawyer can:

• Provide you with legal support.
• Advise you through each step of the process.
• Answer your questions.
• Help minimize the effects of the charges that have been made against you.

When you have been arrested for trespassing in the state of Delaware, there are generally additional charges, such as robbery, theft or burglary. A felony charge for one of these crimes can result in serious consequences if you are convicted. Fear and desperation can lead to poor judgment calls, and an experienced attorney understands that mistakes and errors in judgment do not make you a bad person. By working with a Delaware lawyer experienced in property crime defense, you can have the best odds of your charges being dropped, dismissed or reduced.

Get Legal Help From Rahaim, Saints & Walstrom

An experienced attorney at Rahaim, Saints & Walstrom can provide the legal assistance you need. Whether you are dealing with the effects of a criminal trespass charge, a financial hardship, an injury from an auto accident or the dissolution of your marriage, we can fight for your rights and freedom.

We believe every person deserves the strongest possible defense for their case, and we will work tirelessly to ensure you secure the financial compensation you are entitled to. If you have been charged with trespassing, contact us today to determine if you have a case.