Trespassing is a criminal offense related to unlawfully entering another’s property. This may be committed if a person goes onto another person’s property with the intention of annoying the property owner or committing a crime therein. Another scenario may be a person who enters another’s property after already being warned not to trespass. Refusing to leave another’s property may also be considered trespassing if a person has been asked to leave but will not do so.
In Nevada, trespass is a misdemeanor (NRS § 207.200). In addition to the possibility of jail time, a conviction for trespass can negatively impact your employment and professional licenses. If you face trespass charges in Las Vegas, a Las Vegas criminal defense attorney at De Castroverde Criminal & Immigration Lawyers can review your situation and help you protect your rights and develop a defense for your case.
Penalties for Trespassing in Las Vegas
If you’re convicted of trespassing in Las Vegas, you could face up to six months behind bars as well as up to $1,000 in fines. However, if this is your first time being convicted of trespassing, then you may be sentenced to probation instead of jail time.
Trespassing can be a relatively minor and non-violent offense in many cases. This is why Las Vegas judges rarely sentence first-time offenders. However, repeat trespassers are more likely to face jail time.
The elements of the crime of trespass include:
- Entering or remaining on property that someone else owns without their permission
- The owner did not consent to enter or remain on the property
- The defendant was aware they did not have permission to enter or remain
- Forceful entry
Las Vegas Trespass Cases Can Involve Public and Private Property
In the Las Vegas area, trespass cases commonly involve casinos, hotels, and other public places. Visitors to the Vegas area could face trespass charges if they enter areas where they are not allowed to be, such as private property, and refuse to leave. Impaired visitors who have had too much to drink also risk trespass charges if they exhibit disruptive or dangerous behavior.
Common Defense Strategies in Trespassing Cases in Las Vegas
When it comes to trespass, the prosecution has a high burden of proof. It must convince jurors that the defendant is guilty beyond a reasonable doubt. While trespassing may seem like a minor infraction, our Nevada criminal defense lawyer can use several defenses to fight these charges. They include:
- Having a right to be on a property.The first line of defense for the accused is to establish that they had a right to be on the property. This can be established by proving they were invited onto the property or were there with the permission of the owner. Our lawyer
- Not receiving enough warning about trespass.Secondly, the defendant must establish there was insufficient warning against trespassing or other illegal behavior. The law requires that property owners warn against trespassing through signs, gates, and fences, and these must be clearly visible, clearly marked, and well-maintained. The third common defense strategy involves proving the defendant was exercising their constitutional rights. If someone is arrested after exercising their constitutional rights, this cannot be used against them in court.
- Having the owner’s consent to be on the property.The last defense involves proving the defendant had the owner’s consent to be on the property. In any case, the prosecution must prove that the defendant committed the crime of trespass without reasonable doubt. Our lawyer can help you gather evidence that you had a right to be on the property.
Possible Outcomes in a Las Vegas Trespassing Case
Upon review of your case, we will advise you of the best outcome for your case. Your options may include accepting a plea bargain. This usually requires entering a guilty plea and paying a fine, among other conditions.
As mentioned earlier, proving the defendant committed a trespass offense is the prosecution’s job. Depending on your case, your charges could be dismissed, or the case against you dropped. When we represent you, we will explain all laws that apply to your case and keep you updated on your case’s progress and legal standing.
Restraining Orders and Trespassing in Las Vegas
In some trespass cases in Nevada, the accused may learn a temporary protective order may have been issued to ensure they stay away from a property. This order is also called a restraining order. Some people may unknowingly violate a protective order if they are not aware one has been issued against them.
Temporary protective orders can last up to 45 days. Extended protective orders can A judge can extend a temporary order but not without hearing from both parties. If you have been charged with violating a restraining order, we encourage you to reach out to us as soon as you can. Violating this order can lead to jail time, fines, and other penalties. Our Las Vegas criminal defense lawyer can prepare your defense in your case.
Get Help From a Trespassing Defense Lawyer in Las Vegas
At De Castroverde Accident & Injury Lawyers, we can handle trespassing cases, including those related to domestic violence. These charges may come about, particularly in situations where a former girlfriend or boyfriend or ex-spouse accuses a person of trespassing on their property or refusing to leave. In such a case, the most important thing to do is to consult with a trespassing defense lawyer in Las Vegas. They will work on building a defense against your trespassing charges.
Specifically, when trespassing involves a family member, spouse, or former spouse, it is crucial to involve a Nevada criminal defense lawyer. This is because, in addition to facing trespassing charges, the defendant may be accused of domestic violence.
The key in these situations is to work with a Las Vegas criminal defense lawyer. The attorney will challenge these charges and seek the best possible result. Contact a criminal defense lawyer immediately. Call an attorney who will help you fight the charges against you and deal with the possible conviction.