Oklahoma trespassing laws refer to the unauthorized entry onto someone else’s property. The laws regarding this kind of crime are very broad and many people can violate trespassing laws without any real intention to do so. The punishment for this kind of criminal offense can vary depending on several different factors. Additionally, some of those factors include whether the trespasser had intent to commit a crime on the property and if the offender knew they were trespassing. .
Types of Trespassing in Oklahoma:
- Trespassing (Misdemeanor):
- Unauthorized entry onto the property of another without intent to commit a crime. Misdemeanor trespassing is charged more often than felony.
- Trespassing with Intent to Commit a Crime (Misdemeanor or Felony):
- Unauthorized entry onto the property of another with the intent to commit a crime. This is much more serious than misdemeanor trespass. More often than not this charge includes property damage and always involves the element of intent to commit the crime.
Oklahoma Laws and Punishment:
- Simple Trespassing (Misdemeanor):
- Up to 30 days in county jail.
- Fine of up to $500.
- Trespassing with Intent to Commit a Crime (Misdemeanor):
- Up to six months in county jail.
- Fine of up to $500.
- Trespassing with Intent to Commit a Felony (Felony):
- Punishment can range from one to seven years in state prison, depending on the specific circumstances.
Possible Defenses to Trespassing Charges in Oklahoma:
- Permission:
- If you had permission to be on the property, either explicitly or implicitly, it could be a valid defense against trespassing charges. Additionally, the permission does not have to be explicit but can be implied under the circumstances. An example is found when you enter a retail store. The store owner is inviting you to enter his facility and shop.
- No Intent to Commit a Crime:
- If charged with trespassing with intent to commit a crime, proving that there was no criminal intent may be a defense.
- Public Property:
- If you were on public property or a place where the public has a right to be, this may serve as a defense.
- Necessity:
- In some cases, trespassing may be justified if it was necessary to prevent serious harm or injury.
- Consent:
- If the property owner consented to your presence, either explicitly or implicitly, it could be a defense.
- Mistaken Identity:
- If there is evidence that you were mistakenly identified as the trespasser, it could be a defense.
Expunging Crimes In Oklahoma:
If you are charged with a violation of Oklahoma trespassing laws you can expunge the record after a certain amount of time. Further, the amount of time that must pass before you can seal the record depends on if it was charged as a felony or a misdemeanor trespass. Expungement laws in Oklahoma also look at other crimes you might have been charged with in the past and how serious those crimes were.
Tulsa, Oklahoma Criminal Lawyers Near You:
It’s important to consult with a legal professional for advice tailored to your specific situation if you are facing a violation of Oklahoma trespassing laws. Like is stated above trespassing crimes can sometimes be committed without even having the intent to trespass. Moreover trespass and burglary are often confused and bring different punishments. Therefore, if you are charged with trespass in Tulsa there are several defense that might get your case dismissed or possibility reduced. For help Call the Tulsa trespass lawyers at Tulsa Criminal Lawyers Law Firm for a free consultation at 918.416.0358 or click here to ask a free criminal law question.