Trespass after forbidden refers to entering someone’s private property after disregarding no trespassing signs posted at entry points. Trespass after forbidden is tried as a misdemeanor crime in Muskogee, Oklahoma.
Preventing Trespass After Forbidden
If you have a field, garden, or yard and you want to keep out intruders and all uninvited visitors, the law requires that you post signs that forbid trespass at all entry points to the property. Signs recognized under the law include “POSTED – KEEP OUT,” “PROPERTY RESTRICTED,” “NO TRESPASSING,” and “KEEP OUT.” Variants of these no trespassing signs are allowed.
The signs are expected to be displayed conspicuously regardless of whether the property is fenced or not. Damaging, destroying, or stealing anything while trespassing can lead to additional criminal charges. Okla. Stat. tit. 21 § 1835
Can I Be Charged if There are No Signs Forbidding Trespass?
Oklahoma law does not require the owners of ranches, farms, and forests to post signs forbidding trespassers if they do not want intruders on their property. Entering the private land of another devoted to farming, ranching, and forestry without permission can lead to criminal charges even if there are no signs forbidding trespassers.
The law also forbids entering someone else’s pecan grove. If you pass by someone else’s seldom-used field and carry away a rotting log, you could be charged with trespassing. In urban centers, if you take away stones or dig along highways and streets, you could face trespassing charges.
If you are charged with trespass after forbidden, you can pursue an implied consent affirmative defense to explain why you were in someone else’s property. This is an angle to talk about with your criminal defense attorney.
You could also argue that you reasonably believed you had permission to be on the property.
Penalties for Trespass After Forbidden
If you walk across someone else’s field, garden, or yard that has no trespass signs posted on entry points, you could be fined $250 if convicted. If you are convicted of the misdemeanor crime of destroying and damaging property while trespassing, you could spend between 30 and 180 days in jail, pay a fine between $50 and $500, or both.
Trespassing in a pecan grove that belongs to someone else can lead to a $250 fine. Damaging, stealing, or wasting pecans or anything else on the property can lead to between 30 to 180 days in jail and a fine of up to $500.
A conviction for entering someone else’s farmland, forest, or ranch can require the payment of a fine between $500 and $1500. You could also be requested to pay restitution for any damage you did while in the property. A subsequent conviction can lead to a fine between $1,500 and $2,500 or 30 to 180 days in jail.
Free Consultation: Muskogee Criminal Lawyer
Only an experienced criminal attorney in Muskogee can work with you to build a strong defense for you. What may look like insignificant issues to an inexperienced attorney may, in the end, determine your case.
Details matter when piecing together the evidence for your defense. Technicalities matter as well. Our Muskogee attorneys will stand up for you against bogus criminal charges or negotiate a better outcome if you did indeed commit a crime.
Our attorneys know how to present in court the details that can make a significant effect on the result of the criminal case.
Talk to a criminal defense attorney in Muskogee, OK at 918-884-7774 and get answers to your questions. You may also schedule a free, confidential consultation.