Las Vegas Trespassing Defense Attorney

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 Law 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. 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

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 prove beyond a reasonable doubt that the defendant is guilty. While trespassing may seem like a minor infraction, our Nevada criminal defense lawyer can use several defenses to fight these charges. They include:

• Having permission to be on the property. The accused may show they were invited or had the owner’s consent to enter or stay. Our lawyer can gather messages, lease documents, or witness statements that show lawful access.
• Not receiving sufficient warning. Nevada recognizes several alternative warning methods, including fencing, posted notices, fluorescent orange markings, cultivated land, or an oral or written demand to leave. The evidence may show that no sufficient warning occurred.
• Exercising constitutional rights. The accused may have a defense if the arrest arose from lawful activity protected by constitutional rights, such as protected speech or assembly.

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 was issued to require them to 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. After notice and a hearing, a court may convert a temporary order into an extended order lasting up to two years. If you are charged with violating a protective order, contact us promptly. A violation can lead to jail time, fines, and other penalties. Our lawyer can evaluate the order and prepare a defense.

When an Ex Accuses You of Trespassing

An ex-partner, spouse, or family member may accuse you of trespassing after a breakup, move, or disagreement over who may enter a home. These cases often turn on details such as whether you lived at the property, still had permission to enter, were asked to leave, or knew about a protective order. Save texts, emails, lease documents, and other records that may show consent or explain why you believed you could be there. Avoid contacting the accuser if an order prohibits it. Because a trespassing allegation in this setting may also lead to domestic violence charges, speak with a defense lawyer promptly about both accusations.

Get Help From a Trespassing Defense Lawyer in Las Vegas

De Castroverde Law can review the facts, explain defenses, and help you respond to a trespassing charge. Contact our Las Vegas trespassing defense team to discuss your case.