Criminal trespass involves a person entering property without permission. This offense can carry significant legal consequences upon conviction in Nebraska. The following is an overview into what constitutes criminal trespass in Nebraska, the legal ramifications, and potential defenses. Readers will gain an understanding of how criminal trespass is approached legally in Nebraska and how a criminal defense lawyer can meaningfully help a client charged with an offense.
Criminal Trespass Attorney in Omaha
Our team at Liberty Legal Group is experienced at fighting both first and second degree criminal trespass charges. While criminal trespass is typically a low-level offense, circumstances can dictate a much harsher prosecution – we can help with that. With our team of skilled defenders, Liberty Legal Group may be able to help reduce or dismiss the charges.
If you or a loved one has been charged or is under investigation for criminal trespass, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
- What is Criminal Trespass in Nebraska
- What are the Penalties for Criminal Trespass in Nebraska
- What are some defenses for Criminal Trespass in Nebraska
- What does a criminal defense lawyer do for someone facing charges?
- Additional Resources
What is Criminal Trespass in Nebraska?
Criminal trespass in Nebraska is defined under Nebraska Revised Statutes §28-520 and §28-521. The law categorizes criminal trespass into two degrees: first degree and second degree, each with specific criteria. First degree criminal trespass occurs when a person either enters or secretly remains in any building or occupied structure, or any separately secured or occupied portion of the building or structure, without being allowed to do so. This also includes illegally entering or remaining in a public power infrastructure facility (e.g., power plants, electrical stations).
Second degree criminal trespass includes entering or remaining in any place where notice against trespass is verbally given to the person, or where no trespassing signs are present, or where fencing or other enclosures are designed to keep intruders out. Additionally, second degree criminal trespass includes the intentional use of an electronic device, such as a drone, on someone else’s property without consent.
What are the Penalties for Criminal Trespass in Nebraska?
First degree criminal trespass is classified as a Class I misdemeanor. The penalty for a Class I misdemeanor includes up to one year in jail and/or a fine up to $1,000. Second degree criminal trespass is generally classified as a Class III misdemeanor, except in certain circumstances. For a Class III misdemeanor, the penalty includes up to 90 days in jail and/or a fine up to $500. However, if the trespass involves defying an owner’s order to leave, it escalates to a Class II misdemeanor. The penalty for a Class II misdemeanor includes up to six months in jail and/or a fine up to $1,000.
Probation
is a potential alternative to imprisonment in Nebraska. It allows individuals to remain in the community under specific conditions. However, failure to meet these conditions can lead to revocation of probation and the imposition of a new sentence, potentially including imprisonment. Namely, Nebraska offers various post-plea and pre-plea programs aimed at rehabilitation and reducing recidivism for eligible offenders.
Defenses to Criminal Trespass
In Nebraska, specific defenses can be raised in response to criminal trespass charges. These defenses, if proven, can result in the dismissal or reduction of charges. Firstly, a common defense is that the building or structure had been abandoned at the time of the alleged trespass. This implies that the property was not actively used or maintained, negating the element of unlawful entry.
Another defense is that the area was open for the public when the alleged trespass occurred, and the individual followed all conditions concerning accessing the premises. This defense is applicable in situations where the individual entered a public area and followed all rules and regulations set for that space.
An additional defense is the belief that the owner or another person with authority would have granted permission to enter or remain on the property. This requires showing that the accused had a reasonable belief that they had consent to be on the premises, even if such consent was not given.
How Can a Criminal Defense Lawyer Assist Someone Facing Criminal Trespass Charges
A criminal defense lawyer advocates for clients charged with criminal trespass or other property crimes in Nebraska. The lawyer evaluates evidence, identifies potential legal defenses, and advises the client on the best course of action. They represent the client in court, argue on their behalf, and strive to achieve a favorable outcome, whether it be a case dismissal, reduced charges, or a lesser penalty. Their role is to ensure that the client’s rights are protected throughout the legal process.
Additional Resources
Omaha Police Department Trespassing Policy – Provides information on the department’s policy of enforcement of laws related to trespassing. Discusses the process by which a person who has been asked to leave or banned from a location, including city parks, businesses, government facilities, city schools, and private property can be arrested for trespassing if they return to the place uninvited. Covers laws regarding trespassing, notice and procedures for the property owner to follow and requests to leave.
Omaha Police Ban and Bar Power – Provides information about use of the city’s “ban and bar” power whereby property or business owners can document that they’ve asked a particular person to leave the premises and not return, and the OPD can enforce the ban with trespassing charges. Provides advice and guidance designed for property owners and people responsible for business and other locations that use the authority against unwanted visitors.
Variations in State Laws for Criminal Trespassing – Signs.com explains how warning signs may or may not contribute to making penalties clearer or more severe for those who ignore signs on private property. Includes brief discussion of various state laws on criminal trespassing.
Hiring a defense attorney for Criminal Trespass Charges | Liberty Legal Group
No matter the circumstance, everyone deserves a strong defender. Liberty Legal Group is ready to fight on your behalf from beginning to end. Our lawyers will ensure that you understand every step of the process, from consultation to judgement as we fight your case in the legal system. Our firm proudly serves the communities of Lincoln, Omaha, Papillion, and Council Bluffs. This includes the counties of Lancaster, Douglas, Sarpy, Washington, Dodge, Saunders, and Cass in Nebraska as well as Pattawattamie, Harrison, and Mills in Iowa.
If you or a loved one has been charged or is under investigation for criminal trespass, call our firm immediately at (402) 865-0501 to request a free consultation to discuss the facts of your case.
