Trespass cases usually turn on two questions. Did you have permission, and were you warned? The honest answers are often less clear than the arrest made them look, and that gap is exactly where these charges get beaten.
A criminal trespass charge can come from something as ordinary as staying somewhere after being asked to leave, cutting across a piece of property, or a dispute over who was allowed where. It is a misdemeanor, but a conviction is still a criminal record, and the penalties climb sharply if it ever happens again. Most Lafayette trespass cases are heard in Lafayette City Court.
This page explains what the state actually has to prove, what you are facing, and why so many of these charges do not survive a close look. The Law Office of Heather C. Ford defends criminal trespass charges across Lafayette and works to keep them off your record.
Under Louisiana Revised Statute 14:63, criminal trespass is entering or remaining on the property of another when you know you are not authorized to be there. The statute breaks into elements the state must prove:
The statute also lists people who are not trespassers, and current Louisiana law includes provisions aimed at squatters. But for the everyday case, everything turns on that last element, knowledge. If you reasonably believed you were allowed to be there, or were never clearly told otherwise, the state’s case is in trouble.
Criminal trespass is a misdemeanor, but it is one where a first conviction makes everything after it worse. The penalty increases at each step, which is a major reason to keep a first charge off your record.
| Offense | Maximum penalty |
| First offense | Fine of $100 to $500, or up to 30 days in jail, or both. |
| Second offense | Fine of $300 to $750, or up to 90 days in jail, or both. |
| Third and later | Fine of $500 to $1,000, or 60 days to 6 months in jail, or both, plus forfeiture of property seized in connection with the offense. |
Keeping the first charge off your record protects you from that much steeper exposure later, which is a big part of why it is worth fighting now rather than paying to make it go away.
Knowing the road ahead takes some of the fear out of it. A Lafayette misdemeanor case generally moves through these stages, and there is an opening to help at each one.
A trespass conviction is a criminal record, and it carries the same quiet costs as other misdemeanors, plus one of its own.
Set against all of that, keeping the charge off your record in the first place is almost always the better trade, and it is what we work toward from day one.
Because the offense hinges on authorization and knowledge, criminal trespass is frequently defensible. Here is where we focus.
If you were allowed to be there, or reasonably believed you were, there is no crime. Permission can be express or implied, and disputes over who had the authority to grant or withdraw it are common and winnable.
Many trespass charges depend on notice, a posted sign, a fence, or someone actually telling you to leave. If the notice was unclear, or was never really given, the state’s case weakens.
Being in a store, a parking lot, or another place generally open to the public is not trespass unless and until you were properly told to leave. What happened, and in what order, matters.
Tenants, invitees, and people with a legal interest in a property are not trespassers. Where a charge grows out of a property or housing dispute, your right to be present is often a complete answer.
A charge is not a conviction, and even where the facts are difficult, the goal is often to keep this off your record entirely. For a qualifying first offense, an Article 894 deferral can let you complete conditions and avoid a conviction. The 15th JDC District Attorney also offers pretrial diversion for some first-time cases, which can end with the charge dismissed. And where you already have an old conviction, expungement may remove it from public view. We will tell you honestly which of these is realistic in your case rather than promise an outcome.
People assume a lawyer only matters once you get to court. In reality, the most important work often happens early, before the charge is even finalized, when evidence is fresh, witnesses are available, and there is still room to shape the outcome. Getting counsel involved in the first days after an arrest is the single biggest thing you can do to protect yourself, and there is no downside to a free, confidential conversation.
We start by testing whether the stop, the arrest, and the state’s evidence hold up, and whether what happened actually meets the legal definition of the charge. From there we push for a dismissal, a reduction, or a resolution that keeps a conviction off your record, and for most misdemeanor cases we can appear at Lafayette City Court for you. If your case involves a related charge, see our Lafayette criminal defense, misdemeanor, and DWI pages.
Protect your record so a single charge does not become a conviction that shows up on every background check.
Protect your freedom by fighting the charge and pursuing alternatives to jail where they fit.
Lose the fear of the unknown by having someone who knows the Lafayette courts walk you through every step.
The sooner you have someone in your corner, the more options you have. Call or text the Law Office of Heather C. Ford for a free, confidential consultation. Learn more about our Lafayette criminal defense and the courts we serve.
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No. Criminal trespass under RS 14:63 is a misdemeanor, but the penalties increase with each offense, from up to 30 days for a first offense to up to six months for a third. A first conviction also makes any later charge worse, which is why it is worth fighting.
It can. Many trespass charges depend on whether you were properly warned, by a sign, a barrier, or a direct request to leave. If notice was unclear or never given, that is a real defense.
Often, yes. The offense requires that you knew you were not authorized. A genuine, reasonable belief that you had permission undercuts the state’s case.
Trespass charges often grow out of property disputes, and your right to be there, as a tenant or someone with a legal interest, can be a complete defense. Tell us the background, because the civil side often matters to the criminal case.
Often, yes, through a dismissal, a reduction, a diversion program, or an Article 894 deferral for a qualifying first offense. An old conviction may later be expunged.
For most misdemeanor trespass cases, we can appear at Lafayette City Court on your behalf.
