If you recently found yourself facing trespassing charges, you may have more legal options than you realize. Proper representation from an experienced attorney can help you navigate this tricky legal area, while ensuring that your rights remain protected in the process. Furthermore, if you were injured on someone else’s property, even if it resulted in your trespassing charges, you may have grounds for a personal injury lawsuit.
First, you may not actually be guilty of anything at all. For trespassing to occur, you must have had some degree of intent when you entered the other party’s property. If it is reasonable that you could have entered the property without realizing it, or though some non-nefarious action, the trespassing charges may not stick.
However, even if your presence on the property is not justifiable, you may have some recourse if you were injured while there. If the owner of the property willfully harmed you or created or allowed some form of danger where a trespasser might go, they can be held legally liable. This means the owner of the property should not leave out boobytraps of any kind, and certainly should not intentionally injure you simply because of your presence on their property. Again, many of these finer points come down to intent and foreknowledge, which can be very difficult to demonstrate.
Each case requires its own professional evaluation, because the details are all important. However, if you have any legal wiggle-room, the guidance of an experienced attorney who understands how to fight property crime charges can help ensure that your rights remain protected as you fight for fair treatment.
Source: FindLaw, “Trespassing Basics,” accessed May 11, 2017