Property Laws in Provo
Property rights are very important legal concepts in Utah law. There are many different types of laws in Utah that protect one’s right to possess and use property as he or she sees fit. One such law is found in Utah Code 76-6-206. This section of the Utah Code prohibits the trespassing of one person upon the property of another. The title of the code is entitled “Criminal Trespass.” The violation of criminal trespass is probably one of the most common property crimes aside from retail theft. It is important for those charged with criminal trespass to contact a criminal trespass lawyer from Criminal Defense Provo.
The Elements of Utah’s Criminal Trespass Statute
In order for a person to be found guilty of criminal trespass in Utah, a person must first enter or remain unlawfully upon property and either:
1.) intend to cause annoyance or injury to any person or damage to any property;
2.) intend to commit any crime, other than theft or a felony; or
3.) is reckless as to whether his or her presence will cause fear for the safety of another.
A person can also be convicted of criminal trespass if the person, knowing his or her entry or presence is unlawful, enters or remains on property as to which notice against entering is given by either:
1.) personal communication to the actor by the owner or someone with apparent authority to act for the owner;
2.) fencing or other enclosure obviously designed to exclude intruders; or
3.) posting of signs reasonably likely to come to the attention of intruders.
Finally, a person violates Utah’s criminal trespass statute by entering a condominium unit in violation of Utah Code Subsection 57-8-7(7). A violation of criminal trespass is usually charged as a class A misdemeanor, class B misdemeanor, or an infraction. Because a class A misdemeanor conviction carries a potential penalty of up to one year in jail, it is important for anyone facing charges of criminal trespass in Utah County, Wasatch County, or the surrounding areas to contact a Provo Criminal Defense Lawyer.
Criminal Trespass Defense
If you have been charged with criminal trespass or any other property crime, don’t defend the charges alone. The criminal justice system is too complicated for a person to handle it alone. Contact a Provo Criminal Defense Lawyer to fight the charges and protect yourself. Our consultations can be handled quickly over the phone. Call us to today at 801.800.8246.