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New Orleans’ criminal trespassing laws are fairly straightforward. Under Louisiana law, a person commits criminal trespassing by entering or remaining on a property without the owner’s permission.

The law extends to:

  • Structures
  • Watercraft
  • Moveable property
  • Immovable property

Children and teens may not realize that they are committing a crime when they trespass on another person’s property. And even though they may not realize it, they are still committing a crime.

When Should I Call a New Orleans Lawyer for Criminal Trespassing? 

If you are accused of criminal trespassing, you should contact a New Orleans criminal trespassing lawyer as soon as possible.

Criminal trespassing is a serious crime in Louisiana. If found guilty of criminal trespassing, you could spend up to 6 months in jail and be fined up to $500. A third or subsequent offense involving the same landowner(s) can result in:

  • Fines of no more than $1,000
  • Imprisonment for no longer than one year

In addition, the conviction could be added to your criminal record, which could make it difficult to find employment and housing in the future. A lawyer that knows local laws and has experience handling similar charges may be able to help you or your loved one through the legal process.

You should never take criminal charges of any kind lightly because they can stay with you for a lifetime.

Contacting a lawyer as early as possible can help you fight back against charges that may have long-lasting consequences.

Here Is What You Need to Know About Criminal Trespassing in New Orleans: 

Lawyers can help you fight back against the charges of trespassing with skillful legal representation.

A lawyer may be able to help you resolve the charges of trespassing with a simple fine or by having the prosecution drop the charges.

If you’re facing criminal charges for trespassing, you may feel anxious about your future. And if you’re facing a criminal charge for trespassing in New Orleans, you’ll want to know local laws and the potential penalties if you’re convicted.

New Orleans Criminal Trespassing Laws 

Trespassing laws for News Orleans are outlined in § 54-153 of the municipal code. The law is clear that no person shallwithout authorization:

  • Enter a structure, watercraft, or movable
  • Intentionally enter another owner’s immovable property if:
  • No authorization is given
  • Circumstances wherein a reasonable person would know entry is not authorized

A person may be able to enter into a property to retrieve their livestock or dog, or they may enter the property to ensure that it doesn’t meet subsections (d), (e) and (f) of the criminal trespass code.

The law is such that there are two occurrences wherein you may be charged with criminal trespassing:

  1. The owner of the property asks you to leave the property or not enter the property. Refusal to leave or entry to the property after being told not to enter can lead to trespassing charges being filed against you.
  1. If a reasonable person should know that entry is unauthorized, trespassing charges may be filed. For example, if you entered a property that was gated or went through an open window of a property, charges may be filed because it’s obvious that entry is unauthorized.

Your actions may or may not constitute criminal trespassing. Fighting the charges against you requires working with a New Orleans lawyer that specializes in criminal trespass.

The charges against you can lead to trespassing penalties that include fines or prison time.

New Orleans Criminal Trespassing Penalties 

A criminal trespassing charge is a charge that starts with a fine, but subsequent charges can result in jail time, fines, and a criminal record. If you’ve been charged with trespassing, the following penalties and fines exist.

First Offense

The penalties for trespassing depend on the severity of the crime. As a first offense, trespassing is a misdemeanor, and you could be facing:

  • Fines of no more than $500

Second Offense

A second offense criminal trespassing charge in New Orleans is a misdemeanor offense. The penalty for a second offense criminal trespassing charge in New Orleans is:

  • Fine of up to $500 and/or
  • Imprisonment for up to six months

What if a second offense occurs before the first offense conviction? The fines and penalties remain the same under current municipal law.

Third and Subsequent Offense

Third offenses are more serious than first or second offenses. If you are charged with the third offense of criminal trespassing, you may be facing:

  • Fines of up to $1,000 and/or
  • Imprisonment for no longer than one year

Criminal trespassing is a serious charge, and if the crime was committed unknowingly, it can be a costly mistake that can have long-lasting ramifications. If you or a loved one has been charged with criminal trespassing in New Orleans, then you should contact a New Orleans criminal trespassing lawyer to help you navigate the criminal justice system.

EXPERIENCED NEW ORLEANS CRIMINAL TRESPASSING LAWYER

The Law Office of Heather C. Ford will give you peace of mind in your criminal trespassing case. She will professionally and effectively represent you on your behalf in front of any prosecutors or judges. Trust that your case will be handled with your best interests in mind.

Serving New Orleans and the surrounding area:

  • Get Expert Advice
  • Save Time
  • Reduce Costs
  • Fast & Free Consultation

We are committed to making the legal process as quick and efficient as possible for every client. If you have received criminal trespassing charges in New Orleans, Contact our office immediately to schedule a consultation.

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FAQ

If you are from out of town and are not sure what to do, the Law Office of Heather C. Ford can provide direction and help! We can represent you and provide you with the confidence that your Criminal Trespassing case is being handled with the utmost professionalism and experience – whether you can be present for your first court date or not!

Criminal trespassing is generally a misdemeanor charge in Louisiana, meaning that it is not as serious as felony charges and will not carry as severe penalties.

In Louisiana, criminal trespassing is when someone enters property owned by someone else, without the proper authorization (either express or implied) to do so.

In general, criminal trespass involves the following elements: The perpetrator willfully entered the property They had a specific intent to interfere with the rights of the property owner They did actually interfere with these rights

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