Des Moines Trespass Attorneys
Iowa Trespassing Laws
Charged with trespassing in Des Moines, IA? Depending on the conduct you were allegedly involved in, you could face a range of penalties, including incarceration and or fines. Regardless of whether you have been charged with a misdemeanor or felony offense, you must aggressively fight your charge to seek to avoid or minimize penalties. But with the criminal justice system being so complex, relying on any attorney to represent you could be detrimental to your case. You need proven and experienced defense on your side from start to finish.
At Branstad & Olson, our Des Moines trespass attorneys have over 65 years of combined experience. We are ready to get started on your case immediately. Our team cares about the people we help and are passionate about protecting their rights and freedoms. We want to learn about your case from your perspective and better understand who you are.
With a complete picture of the incident and your needs and goals, we craft a defense tailored for you and aimed at challenging the prosecutor's case against you. With an in-depth knowledge of the criminal justice system and a never-give-up attitude, we have secured favorable results for past clients. While we recognize previous victories do not predict future success, we are prepared to put our skills and resources to work for you to seek an optimal outcome.
What Constitutes Trespassing in Iowa?
Trespassing is defined in Iowa Code § 716.7. Broadly, the law prohibits unlawfully entering or remaining on property. The term "property" includes land, dwellings, buildings, conveyances, vehicles, and other permanent or temporary structures, as well as a public utility and railway property.
Conduct considered trespassing in Iowa includes:
Entering or remaining on property without the owner's or other authorized
person's permission and with the intent to:
- Commit a public offense,
- Use or remove anything from the property,
- Alter or damage anything on the property,
- Harass anyone at the premises, or
- Place any object on the property
Entering or remaining on property after being asked not to enter or to
leave by the owner or other authorized person
Notification of a request to stay out or leave includes:
- Oral notice,
- Written notice, or
- Printed notice forbidding entry
- Notification of a request to stay out or leave includes:
- Entering or remaining on property to prevent anyone else from lawfully using it
Viewing, photographing, or filming another person through an opening in
a structure or placing or retrieving a recording device from the property
when the person
- Had a reasonable expectation of privacy; or
- Did not consent to be viewed, photographed, or filmed
Whatever conduct you were accused of committing, it is crucial that you enlist the legal help of our trespass attorneys in Des Moines right away. We recognize that thorough preparation is the key to building an aggressive defense, and the sooner you retain our services, the sooner we can get started on fighting for you.
Is Trespassing a Misdemeanor or Felony?
Trespassing can be either a misdemeanor or a felony. For the most part, the offense will be charged as a simple, serious, or aggravated misdemeanor. However, in a couple of situations, the crime is elevated to a class "D" felony.
Penalties for Trespassing in Iowa
As mentioned earlier, penalties for trespassing include incarceration and/or trespassing fines. The length of jail or prison time and the amount of the financial sanction are tied to the conduct involved in the offense.
Simple Trespassing Misdemeanor
A trespassing offense without any aggravating factors is a simple misdemeanor.
- Up to 30 days of incarceration and/or
- $105 to $855 in trespassing fines
Serious Misdemeanor Trespass
A person may be charged with a serious misdemeanor if they trespassed and:
- Caused injury to a person,
- Caused property damage of over $300,
- Intended to commit a hate crime, or
- Observed or recorded someone through a window or opening
- Up to 1 year of incarceration and/or
- $430 to $2,560 in trespassing fines
Aggravated Misdemeanor Trespass
These charges (aggressive trespass) are levied when a person trespassed with intent to commit a hate crime and:
- Caused injury to another or
- Caused property damage of over $300
- Up to 2 years of incarceration and/or
- $855 to $8,540 in trespassing fines
Class "D" Felony Trespass
Trespassing on public utility property without authority is a class "D" felony.
- Up to 5 years of incarceration and/or
- $1,025 to $10,245 in trespassing fines
Whether you have been charged with a misdemeanor or a felony, our trespass lawyers in Des Moines will zealously advocate on your behalf.
Defense for Trespassing Cases in IA
At Branstad & Olson, our Des Moines trespass attorneys take criminal charges seriously. Our team examines cases from every angle and seeks favorable solutions first by aggressively negotiating with prosecutors. However, if we cannot reach a fair deal, we are prepared to go to court.
Assault with Intent to Commit Sexual Abuse Not Guilty – Jury Trial
Vehicular Homicide Not Guilty - Trial
Robbery 1st Degree Not Guilty– Jury Trial
Murder 1st Degree Not Guilty– Jury Trial
Criminal Mischief Not Guilty– Jury Trial
Appeal - Criminal Conviction Reversed and Remanded
Appeal - Administrative Reversed and Remanded
Indecent Exposure Not Guilty– Jury Trial
Suppression Leading to Dismissal Reversed and Remanded
Possession of Marijuana Not Guilty– Jury Trial