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America is known as the land of the free, but that freedom doesn’t extend to allowing anyone to wander across or into private property without permission of the owner.
With that in mind, here are some must-know elements about trespass laws, so that you don’t end up in hot water.
What penalties could you face for criminal trespass, e.g. in Monmouth County?
Criminal trespass relates to the deliberate act of entering a structure, facility or operational area if you don’t have the right to do so.
There are several stages of severity to this crime, and so punishment can range anywhere up to 18 months behind bars, and a fine of $10,000 at the upper limit. You might also have your drivers’ license suspended, and be required to carry out community service.
For all of these reasons, you need to contact trespass lawyers in Monmouth County if you’ve been accused of this crime. Experts will get the best outcome and minimize the repercussions of such an accusation.
For a crime to have been committed, the trespass must be deliberate
The good news is that in most places, you won’t have committed a crime if the act of trespass was accidental.
This is why it’s usually the responsibility of private landowners to ensure that people are made aware about their responsibilities when approaching their property, whether with signage, with physical barriers like fences and walls, or both.
Likewise landowners have the option to give consent to third parties so that they can enter their property without fear of trespass. And implied consent may be relevant in the case that the trespass was deliberate but justified by extenuating circumstances, such as crossing into private property in order to rescue someone whose life is in danger. So while you can’t just plan a camping trip on someone else’s land, you can rush in to save a friend or loved one.
Property owners can be liable for trespasser injuries
You may have heard about cases in which would-be burglars have successfully sued the business or homeowners whose premises they broke into because of injuries they sustained on-site.
This is usually only a possibility in the case that the trespasser was hurt by something that the property owner had done with the express intent of causing harm, above and beyond standard security solutions.
For instance, if you dug a pit and placed metal spikes in it, then covered the top with leaves, and a trespasser stumbled into it, the liability would fall to you as a property owner, and they could sue for damages.
Thus it’s better to use conspicuous yet safe deterrents, such as surveillance systems, rather than risking falling on the wrong side of the law.
Trespass laws are not consistent everywhere
A crucial mistake to avoid is assuming that the rules which govern trespassing in one part of the country will also apply anywhere else you choose to travel.
In some places, particularly those with more lenient gun laws, property owners have additional rights when it comes to defending their land and their homes. And the penalties doled out to those that break the laws and get caught can be far greater as a result.
Whatever the case, if you are accused of trespass and successfully convicted, this will leave a major blemish on your record, which will potentially hamper your employability, and disrupt many other areas of your life.
Because of this, it’s always best to err on the side of caution and make certain that you are not trespassing on private property. It’s not worth taking a chance if you stroll past a ‘no trespassing’ sign, because you could be prosecuted, or even face physical violence from the owner.
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