Trespassing

Skilled Birmingham Criminal Defense Attorney Committed to Protecting Clients Accused of Criminal Trespass

Trespassing charges, while often considered less severe than other criminal offenses, still carry significant legal consequences in Alabama. Law enforcement, legal professionals, and the criminal court adopt a diligent stance in addressing such violations. Being apprehended for trespassing does not automatically imply guilt; the burden rests on the prosecution to establish the allegations beyond a reasonable doubt, which may not always be straightforward. This underscores the importance of securing a skilled Birmingham trespassing defense lawyer.

The Stoves Law Firm, P.C. team, led by Attorney Jason Stoves, has successfully defended individuals in Birmingham against trespassing charges for over two decades. We understand how stressful it is to deal with criminal legal matters, and we’re dedicated to lessening the effect of your arrest on your future.

What is Criminal Trespass in Alabama?

Criminal trespass in Alabama involves unlawfully entering or remaining on property without authorization. It’s codified under the Alabama Criminal Code and is treated seriously by law enforcement, prosecutors, and Alabama judges. The state delineates several degrees of criminal trespass, each with specific elements and penalties.

Types of Criminal Trespass Charges in Alabama

There are different levels of criminal trespass charges in Alabama, each with its own legal ramifications and potential penalties.

  • First-degree Criminal Trespass (Section 13A-7-2) occurs when a person knowingly enters or remains unlawfully in a dwelling other than a vehicle or place of business.
  • Second-degree Criminal Trespass (Section 13A-7-3) occurs when someone enters or remains on premises where notice against entry has been given by fencing or other enclosure.
  • Third-degree Criminal Trespass (Section 13A-7-4) involves entering or remaining on premises unlawfully. It is considered a lesser offense than the first and second degrees.

Understanding the degrees of criminal trespass in Alabama is crucial because it directly impacts the severity of legal consequences individuals may face for their actions.

In Birmingham, criminal trespass charges often accompany additional offenses. These related offenses encompass a range of behaviors and may result in more severe legal consequences when combined with trespassing violations.

Offenses frequently charged alongside criminal trespass in Birmingham include:

  • Burglary: Unlawfully entering a building with the intent to commit a crime, such as theft or vandalism.
  • Vandalism: Willfully damaging or defacing property belonging to another person or entity.
  • Theft: Taking someone else’s property without their consent with the intention of permanently depriving them of it.

If you have questions about whether you are at risk for additional charges, it is essential that you contact a criminal defense lawyer at Stoves Law Firm, P.C.

Defenses to Birmingham Criminal Trespass Charges

Defending against Birmingham criminal trespass charges requires a strong understanding of the law and an effective legal strategy. The assistance of a knowledgeable Birmingham trespassing lawyer is crucial in these cases. An attorney at the Stoves Law Firm can help you understand any potential defenses that apply to your case.

Below are some common defenses to criminal trespass allegations:

  • Consent: Demonstrating that you had permission from the property owner or occupant to be on the property.
  • Mistake of Fact: Arguing that you genuinely believed you had the right to enter or remain on the property.
  • The Owner Did Not Give Notice: Showing that you were not provided with notice that your presence was unauthorized.
  • Necessity: Claiming that your trespass was justified by the need to prevent a more significant harm.

A lawyer can evaluate the circumstances surrounding the alleged trespass, gather evidence to support your defense and argue your position in court.

Are You Facing Trespassing Charges in Birmingham?

If you were recently arrested and charged with criminal trespassing, it is important that you have an experienced Birmingham criminal trespassing lawyer at your side to protect your rights. At the Stoves Law Firm, we proudly represent good people charged with serious crimes and have done so for more than 20 years. Attorney Stoves takes a comprehensive approach to every case he handles, ensuring that your recent arrest will have as little an impact on your future as possible. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.

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"Jason was very sweet and informative he made sure I kept up with my case and also help get me off a very serious charge and he is very affordable I would definitely recommend him to everyone."

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"The Stoves Law Firm worked hard to get the best results I was looking for. Providing excellent advice and direction throughout the entire process. I would highly recommend The Stoves Law Firm!"

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"Was looking for a good real estate closing attorney and found one here with the stoves firm . Quick and efficient. Looking forward to the next deal! Thanks Jay."

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