Is Criminal Trespassing a Felony in Minnesota?
You may be wondering, is trespassing a felony in Minnesota?
Criminal trespassing in Minnesota is generally charged as a misdemeanor, not a felony. However, it can escalate to a gross misdemeanor or felony if the trespass involves aggravating factors like a prior order to leave, entering certain protected areas, or repeat offenses.
Whether it’s an innocent mistake or a misunderstanding, a trespassing charge can be stressful and confusing. Under Minnesota law, a person is guilty of a misdemeanor if they intentionally trespass on the premises of another and refuse to depart from the premises on demand of the lawful possessor.
Trespassing charges in Minnesota are typically:
- Misdemeanor Trespass: Punishable by up to 90 days in jail and/or a fine of up to $1,000.
- Gross Misdemeanor Trespass: Penalties can reach up to a year in jail and/or a $3,000 fine.
Your specific penalties will depend on the circumstances surrounding the alleged offense. Trespassing becomes a felony only if it involves additional criminal activity, but these are general guidelines. For legal advice on your situation, consult a trusted Minnesota criminal defense attorney. In addition, you can read on for a breakdown on Minnesota’s criminal trespass laws, potential penalties, and possible defenses.
Minnesota Criminal Trespass Laws
Minnesota Statute 609.605 defines criminal trespass. Here’s a simplified breakdown:
- Trespassing occurs when you enter or remain on someone else’s property without their permission or legal right to be there.
- This can apply to private property, public property with restricted access (like schools after hours), or even someone’s vehicle.
- Individuals who enter locked or posted construction sites without consent are committing a misdemeanor in Minnesota.
There are exceptions, of course. Law enforcement officers, public utility workers, and people with a legal easement (right of access) are generally not trespassing. Plus, there could be different rules that apply to:
- A public or private cemetery
- A location that permits domestic animals or livestock
- A private area lawfully cordoned off with signage
- A posted aggregate mining site
Landowners need only post their land once a year to enforce trespassing rules, ensuring that the property remains protected under Minnesota law.
Minnesota law requires that trespassing signs be at least 8-1/2 inches by 11 inches in size and posted in a conspicuous place. Additionally, the sign must carry a general notice warning against trespass, must be placed at intervals of 500 feet or less, must display letters at least two inches high, and if the area being protected is less than three acres, one additional sign must be placed within that area. If the area is three acres but less than ten acres, two additional signs must be placed. For each additional full ten acres beyond the first ten, two additional signs must be placed within the area being protected. The sign should be placed in a conspicuous place on the exterior of the property to ensure visibility.
What Is the Penalty for Trespassing in Minnesota?
The penalty for trespassing in Minnesota ranges from a petty misdemeanor to a gross misdemeanor. A basic trespass charge can result in a fine of up to $300, while more serious offenses involving repeated violations or protected properties can lead to up to one year in jail and a $3,000 fine.
The severity of trespassing charges in Minnesota varies depending on the specific circumstances. A breakdown of the most common categories is useful:
Misdemeanor Trespass: Under Minnesota’s sentencing statutes on misdemeanor sentencing, this offense is punishable by up to 90 days in jail and/or a fine of up to $1,000. Examples include accidentally entering someone’s yard or lingering in a closed store.
Gross Misdemeanor Trespass: This carries a harsher penalty of up to a year in jail and/or a fine of up to $3,000. It applies in situations like:
- Trespassing on property with posted “No Trespassing” signs and ignoring them.
- Refusing to leave a property after being told to do so by the owner.
- Trespassing on specific types of property, like shelters for battered women or agricultural land with livestock.
- Trespassing on the grounds of facilities providing emergency shelter services for battered women without claim of right or consent constitutes a gross misdemeanor.
Felony Trespassing: In rare cases, trespassing can be charged as a felony if it involves additional criminal activity. Examples include:
- Entering a building without permission and committing theft (burglary).
- Trespassing with the intent to cause harm to someone or their property.
I Was Charged with Minnesota Trespass Law. What’s Next?
If you’ve been accused of trespassing in Minnesota, here are some important steps to take:
Do not speak to the police without an attorney present. Your lawyer can advise you on your rights and help you navigate the legal process.
Gather any evidence that might support your case. This could include witness statements, receipts showing you were authorized to be on the property, or security footage.
Contact a qualified criminal defense attorney in Minneapolis. An experienced lawyer can review your case, determine the best course of action, and fight for your rights.
What You Need to Know About Possible Defenses to Trespassing
Several defenses may apply to your trespassing charge in Minnesota, depending on the circumstances. Here are a few examples:
Mistake of Fact: You believed you had permission to be on the property or didn’t realize you were trespassing.
Lack of Criminal Intent: You weren’t planning to commit any crime on the property. This defense can be particularly effective if the prosecution cannot prove intent beyond a reasonable doubt.
Lack of Criminal Intent: You weren’t planning to commit any crime on the property. Lack of criminal intent is a potential defense against trespassing charges, as it challenges the prosecution’s ability to prove intent beyond a reasonable doubt.
Invitation: You were invited onto the property by someone with the authority to do so.
Necessity Defense: The necessity defense can be used when someone commits an act against the law to prevent great harm. This can apply to situations involving physical threats, not just environmental or social justice issues.
Lack of Criminal Intent: You weren’t planning to commit any crime on the property.
Invalid Posting: The “No Trespassing” signs were not properly posted or were unclear. If a property is not properly marked with no trespassing signs, it can be used as a defense in trespassing cases, as the lack of clear signage may lead to unintentional trespass.
Invitation: You were invited onto the property by someone with the authority to do so.
A skilled criminal defense attorney can assess your situation and determine the most appropriate defense strategy.
Additional Considerations for Minnesota Trespassing Charges
Here are some other factors that may influence your trespassing charge in Minnesota:
- Prior offenses: A history of trespassing or other criminal convictions could result in harsher penalties.
- Damage to property: If you caused damage to the property while trespassing, you could face additional charges for vandalism.
- Threatening behavior: If you threatened or intimidated the property owner during the alleged trespass, it could elevate the charge.
When to Contact a Minneapolis Criminal Defense Attorney
Being charged with trespassing can be a significant inconvenience and can even have long-term consequences on your employment and background checks. If you’re facing trespassing charges in Minnesota, don’t hesitate to contact [Law Firm Name]. Our experienced Minneapolis criminal defense attorneys will work tirelessly to protect your rights and achieve the best possible outcome for your case.
We understand the complexities of Minnesota trespass laws and will fight to ensure your voice is heard throughout the legal process. Contact us today for a free consultation to discuss your case.
Reduce Anxiety About Criminal Charges
Are you facing trespassing charges in Minnesota? The legal process can be stressful and confusing. Don’t navigate this alone. Contact Gerald Miller, P.A. today for a free consultation. Our experienced Minneapolis criminal defense attorney will answer your questions, explain your options, and fight for the best possible outcome in your case.
Get the peace of mind you deserve. Schedule your free consultation online or call us at 612-440-3864.
Questions and Answers About Trespassing in Minnesota
The foregoing summary may answer the question, “Is criminal trespassing a felony in Minnesota?” However, you probably would like additional details on these and other laws.
What is the trespassing ordinance in Minneapolis?
Minneapolis follows the Minnesota criminal trespass statute, Minn. Stat. 609.605, which applies statewide. This law doesn’t have a separate ordinance for Minneapolis specifically. The statute outlines that trespassing occurs when a person intentionally enters or remains on someone else’s property without permission or legal right to be there. This can apply to private property, public property with restricted access, or even someone’s vehicle.
For a more comprehensive understanding of trespassing laws in Minnesota, consult with a Minneapolis criminal defense attorney.
What is the act of trespassing on someone’s property?
Trespassing is entering or remaining on someone else’s property without their permission or legal right to be there. This can be intentional or unintentional, but criminal charges typically focus on intentional trespass. In Minnesota, simply being on someone else’s property without permission isn’t enough for a criminal charge. The person must also be aware they are trespassing (unless a mistake of fact applies) and refuse to leave when requested by the owner or lawful possessor.
If you’re unsure whether you have permission to be on someone’s property, it’s always best to err on the side of caution and seek permission first.
Is trespassing the same as theft?
Trespassing and theft are distinct offenses. Trespassing involves entering or remaining on property without permission, while theft involves taking another person’s property without their consent and the intent to deprive them of it permanently.
It’s important to note that trespassing can sometimes accompany theft. For example, someone who breaks into a building to steal something would be charged with trespassing and burglary (theft from a building).
Expertise for Criminal Defense in Trespass Cases
Don’t settle for just any lawyer when your future is on the line.
Gerald Miller, P.A. has a proven track record of successfully handling trespassing cases in Minnesota. Our Minneapolis criminal defense attorney understands the complexities of these charges and has the experience to fight for your rights. Don’t wait. Visit our website to set up a free consultation online today or call us at 612-341-9080. Let us put our expertise to work for you.
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