Trespass after forbidden refers to entering someone’s property such as a garden, yard, or farm even after seeing a sign that expressly forbids such entry. It is criminal, and you can be jailed for it in Oklahoma City.
Entry to property can be forbidden by signs that read “keep off,” “do not enter,” “no trespassing,” and the like. If you disregard such signs and enter anyway, you could find yourself facing charges of trespass after forbidden. If you think such charges are trivial and fail to show up in court for the hearing, a warrant for your arrest could be issued.
What is Trespass After Forbidden?
Okla. Stat. tit. 21 § 1835 defines trespass after forbidden as malicious entry even after signs forbidding trespass are visible at all entry points to the property. Even if you do not intend to damage anything once you enter, entering without the permission of the owner is criminal trespass.
The law requires that clear signs forbidding trespass are posted at all entry points to a field, pasture, yard, or garden. However, whether or not signs are displayed on entry points to land used for farming, forestry, or ranching, you may not trespass. Oklahoma protects the private property of its citizens, and you could be charged with unlawful entry for entering private property without permission.
Some personnel are exempt from trespass after forbidden charges even when they enter property without permission. These include law enforcement officers, public utility officers, medical emergency personnel, and firefighters. All these may enter property without permission when they are addressing an emergency that poses a threat to health, safety, or life.
Mailmen, engineers, and land surveyors may also enter for legitimate reasons when performing their duties.
Penalties Upon Conviction
Trespass after forbidden is tried as a misdemeanor in Oklahoma City. You could be fined up to $250 for breaking trespassing laws for the first time.
Entering someone’s pecan grove is also criminal trespass, and you could end up facing fines of up to $250.
If you enter someone’s property unlawfully and attempt to steal anything or create waste or damage, you could end up paying a fine between $50 and $500 and spending between 30 and 180 days in jail. Okla. Stat. tit. 21 § 1835
Entering someone’s farm, ranch, or forestry land is considered more severe than other trespasses. A first offense can lead to a fine between $500 and $1,500. After a second trespass, you face a fine between $1,500 and $2,500 or between 30 and 180 days in jail time. Whether it is a first offense or subsequent offense, you must pay restitution to the owner for any damage done to the property.
Defenses
Possible defenses for trespass after forbidden include permission and mistakes. An experienced attorney can argue in court that you thought you had permission to enter, only to find that you were trespassing.
Get Help
If you face charges of trespass after forbidden, you are best served by seeking the services of an attorney. Things can escalate and you can find yourself facing up to six months in jail in addition to fines. You do not want jail time reflected on your criminal record.
Also, it could be hard for your family to accept that you are going to jail for such a seemingly minor crime — not to mention the income you will lose while behind bars.
Only a trained and experienced attorney can challenge the case presented by the other side and improve your chances of getting acquitted. If a warrant has been issued for your arrest, talk to a criminal defense attorney in Oklahoma City, OK, immediately.
Initial Consultation: Oklahoma City Criminal Defense Attorney
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