What Is Criminal Trespassing?

In Alabama, criminal trespassing is loosely defined when a person enters the property of another without permission and/or unlawfully; or when a person remains on the property of another when asked to leave. There are three degrees of criminal trespassing: first, second, and third. We will go over each of these to help you understand which one is applicable to your possible situation.

First-Degree Criminal Trespassing

This is where a person knowingly and/or purposely enters and/or remains in a building used for living and/or sleeping unlawfully. This is considered a Class-A misdemeanor and the offender can be fined and/or jailed for up to one year.

Second-Degree Criminal Trespassing

This is where a person knowingly and/or purposely enters and/or remains in a building or on a property which is protected by a barrier of some sort to keep intruders out. This can occur whenever “no trespassing” signs have been posted (and other variants too). This is considered a Class-C misdemeanor and the offender can be fined and/or jailed for up to 90 days.

Third-Degree Criminal Trespassing

This is where a person knowingly and/or purposely enters and/or remains in a building and/or on a property unlawfully after being requested to leave. This is a minor violation and the offender can be fined and/or jailed for up to 30 days.

Filing Charges / Fighting Charges

Depending on your situation, you may want to file charges against another person or fight charges being levied against you. Understanding the laws regarding criminal trespassing in Alabama can be difficult. Knowing your rights can make the fight much easier. Which is why we recommend you give us a call. We can help you understand your legal rights and/or options and guide you on the steps to follow. Call Tim Fleming at the Tim Fleming Law office and let’s see what we can do to help you with your criminal trespassing case.