Any person who knowingly enters or settles on another person’s property without his or her consent is committing the crime of criminal trespass. Criminal trespass is synonymous with “breaking and entering.” A defendant who is found guilty of criminal trespass in Iowa is subject to prosecution by the state. If he or she is found guilty, he or she is subject to imprisonment or fines.
How Criminal Trespass Is Defined
If you talk to a criminal law attorney in Cedar Rapids, IA, he or she will tell you that this type of crime involves two primary acts, usually:
•Entering or staying on a property after being notified to refrain from entering the property or to vacate the premises by the owner.
•Entering a property without an owner’s express or implied approval and wrongfully using, damaging, removing, or changing anything on the premises.
In Iowa, a criminal law attorney defines a property as a land, building, dwelling, vehicle, or other permanent or temporary structure, regardless of whether it is publicly or privately owned. So, if you are charged with trespassing, it is important to obtain further details about your legal rights and defenses.
An Exception to the Trespass Rule
You have to know some of the exceptions to criminal trespass as well. For example, if you enter an area where no hunting is allowed but are pursuing game without a firearm, you are not guilty of criminal trespass. As long as the animal was injured elsewhere and subsequently settles on the “no hunting” property, you cannot be convicted. Therefore, in some instances, a criminal law attorney can assert the privilege to enter a property as a defense.
So, if you are retrieving personal property that accidentally lands on someone else’s real estate, you can use privilege as a defense. Learn more about your rights by reviewing the criminal defenses offered by such firms as Jacobsen, Johnson & Wiezorek PLC on the Internet.