Criminal Trespass Utah - Criminal Defense Attorney
Salt Lake
Under Utah law, a conviction for criminal trespass can result in
up to a year in jail and thousands of dollars in fines.
Stephen
Howard is an
experienced and effective
Utah
criminal defense lawyer. From
his office in Salt Lake City, Stephen Howard represents clients
charged with criminal trespass and other crimes throughout Utah.
Elements of a Utah Criminal Trespass Charge
Under
Utah criminal law, the offense of criminal trespass can be committed in
various ways. Each variant requires proof that a person entered or
remained unlawfully on or in property. But the different variations
require different evidence of the defendant's intent or mental state.
The most common variant of criminal trespass requires evidence that the
defendant actually knew that "his entry or presence is unlawful" and
nevertheless entered or remained on property "as to which notice
against entering" has been given.
The required notice can be given either by personal
communication
by the owner or other person in authority, by "fencing or other
enclosure obviously designed to exclude intruders" or by "posting of
signs reasonably likely to come to the attention of intruders."
A less-frequently seen variation on a Utah criminal trespass charge
does not require proof of actual knowledge that the defendant's
presence was unlawful. Instead, this variant of criminal trespass can
be supported by evidence that entered or remained unlawfully with
either the intent to "cause annoyance
or injury to any person or damage to any property," or with the intent
"to commit any crime, other than
theft or a
felony"
(trespass with the intent to commit a theft or felony can be filed as a
felony
burglary).
This kind of criminal trespass can also be supported by evidenc that
the defendant was "reckless as to whether his presence will cause
fear for the safety of another."
Consequences of a Criminal Trespass Conviction in Utah
Many criminal trespass charges in Utah are filed at the class B
misdemeanor level. But if the
trespass occurs in a "dwelling," it becomes a class A misdemeanor
punishable by up to a year in jail and nearly $5,000 in fines and
surcharges.
Many people convicted of trespass are placed on probation
without
serving substantial jail time. But the sentence imposed in
any
given case will depend on the circumstances of the offense, the history
of the person charged, and other relevant factors.
Finding a Utah Criminal Lawyer in Salt Lake City
Your freedom is too important to
trust to chance. As a
Salt
Lake criminal defense lawyer, Stephen Howard has a
track record of achieving real
results for clients. If you
are facing prosecution for any
criminal
charge, you need an experienced
criminal
defense attorney on your
side.
Contact
Stephen Howard now to schedule an initial consultation and learn how he
can help you.

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....
Experience
»