Trespassing Defense

Don't put your future at risk, schedule your free consultation today.
Contact Us
Vinnie Rivera, Kansas Trespassing Defense Attorney

Kansas Criminal Trespassing Defense

About the author Attorney Vincent Rivera
In Kansas there are two types of trespassing charges: criminal and civil. Law enforcement enforces criminal trespassing. Land, home and property owners will need to file a court action to enforce civil trespassing. This can be to collect damages caused by a trespasser even if no crime was committed.

What Is Criminal Trespassing?

Trespassing occurs when a person enters or remains on someone else's property without permission. This can include both private and public property. To be considered trespassing, the person must have entered or remained on the property without the owner's consent or authorization. This means that the owner must have either revoked their permission for the person to be on the property, or the person was never given permission in the first place.

The specific laws and penalties for trespassing can vary depending on the state or jurisdiction. In some states, trespassing is considered a minor offense, while in others it can be classified as a felony. The severity of the offense and the resulting penalties will depend on the circumstances surrounding the incident and the individual's criminal history.

It's important to note that trespassing can also occur in situations where the person had permission to enter the property, but their authorization is later revoked. For example, if a person is asked to leave a store and refuses, they can be charged with trespassing.

If you are facing a trespassing charge, it's important to contact a criminal defense attorney who can advise you on your legal options and help you navigate the criminal justice system. They can help you understand the specific laws and penalties in your state or jurisdiction, and can work with you to develop a defense strategy.

Criminal Trespass (Class B Nonperson Misdemeanor)

Criminal Trespass (Class B Nonperson Misdemeanor) Is Entering or Remaining upon or in Any of the Following:

  • Land
  • Non-navigable body of water (deep and wide enough to provide passage to ships)
  • Structure
  • Vehicle
  • Aircraft
  • Watercraft
  • public or private land or structure in a manner that interferes with access to or from any health care facility*

By someone who knows they are not authorized or privileged to do so AND:

  1. Enters or remains therein in defiance of an order not to enter or to leave premises or property personally communicated by the owner thereof or other authorized person.
  2. Signs are posted on premises or property in a noticeable place that will likely be seen,
    • or are locked,
    • or fenced,
    • or enclosed,
    • or shut
    • or secured against passage or entry

Our Kansas Criminal Defense Firm Can Help

Criminal trespassing is a criminal offense that occurs when a person enters or remains on someone else's property without permission. In Kansas, criminal trespassing can be classified as a misdemeanor or a felony, depending on the circumstances of the case.

If a person is found guilty of criminal trespassing while violating a restraining order, they will be subject to a minimum 48 hours of imprisonment. This is because a restraining order is a legal document issued by a court that prohibits a person from having contact with another person. When someone violates a restraining order, they are committing a criminal offense.

It's important to note that a criminal conviction for trespassing can have serious consequences and long-term effects on a person's life. For example, it may impact a person's ability to find employment or housing in the future. Additionally, a criminal conviction may also result in fines and other penalties.

If you or someone you know has been charged with criminal trespassing, it's important to seek the help of a qualified criminal defense attorney as soon as possible. The attorneys at Rivera Law, LLC have experience in handling criminal trespassing cases and can provide you with a free consultation. They can be reached at 913-210-0844 or via their contact page.