Trespassing Defense Lawyer in Kansas City

Trespassing Defense Lawyer in Kansas City

Trespassing is a serious offense that carries significant legal repercussions. It involves unlawfully entering or remaining on another person’s property without their consent, and Missouri law takes these violations very seriously.

Being convicted of trespassing can lead to substantial fines, a permanent criminal record, and potentially even imprisonment. If you find yourself facing trespassing charges in Kansas City, it’s crucial to seek expert legal representation immediately.

Our seasoned Kansas City criminal lawyers at KC Defense Counsel are prepared to address your concerns and provide the robust defense you need. We understand the ins and outs of trespassing laws and are committed to protecting your rights and minimizing the impact on your life.
Whether you’re dealing with criminal trespassing or related civil liabilities, our firm stands ready to assist you. Don’t hesitate to contact KC Defense

Counsel for a free consultation to discuss your case and explore your legal options. We are here to help you navigate these challenging times with confidence and expertise.

Missouri Trespassing Law

Missouri classifies trespassing into two degrees based on the severity of the offense. First-degree trespassing occurs when an individual knowingly enters or remains unlawfully on someone else’s property, particularly if the property is fenced or otherwise enclosed to keep intruders out.
This also applies if there is a clear notice against trespassing, either communicated directly to the person or posted in a manner that is likely to be noticed by potential intruders.
Our knowledgeable attorneys are here to provide the defense you need to protect your rights. If you’re dealing with trespassing accusations, reach out to us for expert legal guidance.

TRESPASSING IN THE FIRST DEGREE & SECOND DEGREE

Typically, trespass in the first degree is considered a Class B misdemeanor under Missouri laws. The offense is punishable by serving jail term of up to 6 months in the county jail and a $500 fine. However, there are circumstances whereby trespass in the first degree would be elevated to more serious charges. For instance, if a person trespasses with the intent of targeting a law enforcement officer or a person who is a relative within the second degree of consanguinity to a law enforcement officer, the offense is considered a Class A misdemeanor.

Trespassing in the 1st Degree

Under Missouri law, specifically RSMo 569.140, a person commits first-degree trespassing when they knowingly enter or remain unlawfully on another’s property. This can be an inhabitable structure, a building, or any real property, which essentially refers to land.
For a first-degree trespassing charge to hold, the land must either be posted with no-trespassing signs, or fenced, or the individual must have been directly informed not to trespass

The terms “unlawfully” and “knowingly” are crucial but often cause confusion. The prosecution must establish that the accused was aware that their presence was illegal, typically using circumstantial evidence. Interestingly, one can be charged with first-degree trespassing on their own property if a co-owner has a protection order against them.
Additionally, entering an open business implies the owner’s consent, but any disruptive behavior can revoke this consent, landing the individual in trespassing charges.
First-degree trespassing is usually classified as a class B misdemeanor. However, if the trespassing targets a law enforcement officer or their close relative, it escalates to a class A misdemeanor. If the trespass occurs on property related to a nuclear power plant, it becomes a class E felony.

Trespassing in the Second Degree

Under Revised Missouri Statutes Chapter 569.150, second-degree trespassing occurs when an individual unlawfully enters someone else’s land. Unlike buildings, this statute specifically pertains to real property, which refers to land. Second-degree trespassing is classified as an infraction rather than a crime, carrying a minor penalty of a fine of less than $200.
This offense is considered a crime of absolute liability, meaning there is no need to prove that the individual knew they were trespassing; simply being on the property is enough for a conviction.

The Difference Between Trespassing in the First and Second Degree in Missouri

The primary distinction between first- and second-degree trespassing lies in the mental state required and the type of property involved. First-degree trespassing covers both buildings and land, while second-degree trespassing is limited to land.
For a first-degree charge, the property must be posted with no-trespassing signs, or fenced, and the individual must knowingly be there unlawfully. In contrast, second-degree trespassing does not require any proof of intent or knowledge of unlawful entry, just the act itself is sufficient for an infraction.

Additionally, the penalties differ significantly. First-degree trespassing is a class B misdemeanor, which can result in up to six months in jail. On the other hand, second-degree trespassing is merely an infraction, punishable only by a small fine. Understanding these differences is crucial for anyone facing trespassing charges to ensure proper legal defense and minimize potential consequences.

Defenses to Trespassing Charges

Facing trespassing charges can be daunting, but various legal defenses may apply to your situation. Understanding these defenses can significantly impact the outcome of your case.

Immediate Necessity During an Emergency

One of the most compelling defenses is the immediate necessity to trespass during an emergency. If you entered another person’s property to avoid imminent danger or to help others escape harm, this necessity can justify your actions.
For instance, if you needed to seek shelter from a natural disaster or assist someone in a life-threatening situation, the law may excuse your trespass.

Protecting Individuals or Property

Another valid defense is the immediate need to protect someone from harm or to prevent property destruction.
For example, if you entered a property to rescue a child in danger or to stop a fire from spreading, your actions might be considered legally justifiable. This defense hinges on the urgency and significance of the threat you were addressing.

Consent from the Property Owner

Express or implied consent from the property owner can also serve as a defense. If the owner allowed you to be on the property, whether verbally or through actions that suggested permission, you may argue that you were not trespassing.
Even if the consent was not explicit, but implied through the owner’s behavior, it could still be a valid defense.

Reclaiming Personal Property

Trespassing to reclaim personal property is another potential defense. If you entered the property to retrieve something that rightfully belongs to you, this might mitigate the trespassing charge. However, this defense often requires proving that you had no other reasonable means to reclaim your property.
Understanding these defenses and how they apply to your case can make a significant difference in court. Our experienced trespassing lawyers are here to help you navigate these legal complexities and provide the strongest defense possible.

Book A Free Case Evaluation with a KC Trespassing Lawyer Today

KC Defense Counsel is a team of dedicated Kansas City criminal attorneys committed to assisting residents facing criminal charges, including trespassing. Our experienced lawyers understand the complexities of trespassing laws and are ready to provide the robust defense you need.
Don’t face these challenges alone—reach out to us for expert legal support.

Call us today at 816-287-3787 or submit the contact form to book your free case evaluation and take the first step toward resolving your legal issues.