Trespassing There's No Case Too Complex

Des Moines Trespass Attorneys

Iowa Trespassing Laws

Charged with trespassing in Des Moines? 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.

Set up a free consultation with our Des Moines trespass lawyers by calling (515) 329-3100 or submitting an online contact formtoday.

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
  • 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 Felony or Misdemeanor?

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.

What Are the Penalties for Trespassing Under Iowa Law?

As mentioned earlier, penalties for trespassing include incarceration and/or 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 Trespass Misdemeanor

A trespassing offense without any aggravating factors is a simple misdemeanor.

Penalties include:

  • Up to 30 days of incarceration and/or
  • $105 to $855 in 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

Penalties include:

  • Up to 1 year of incarceration and/or
  • $430 to $2,560 in fines

Aggravated Misdemeanor Trespass

These charges 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

Penalties include:

  • Up to 2 years of incarceration and/or
  • $855 to $8,540 in fines

Class "D" Felony Trespass

Trespassing on public utility property without authority is a class "D" felony.

Penalties include:

  • Up to 5 years of incarceration and/or
  • $1,025 to $10,245 in 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 Trespassing Cases in IA

At Branstad & Olson, we 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.

Get a dedicated team on your side by contacting us at (515) 329-3100 to speak with a Des Moines trespass lawyer.

Recent Case Victories

Never Settling for Less Than the Best Possible Result
  • Appeal - Criminal Conviction Reversed and Remanded
  • Suppression Leading to Dismissal Reversed and Remanded
  • Possession of Marijuana Not Guilty– Jury Trial
  • Robbery 1st Degree Not Guilty– Jury Trial
  • Appeal - Administrative Reversed and Remanded
  • Indecent Exposure Not Guilty– Jury Trial
  • Assault with Intent to Commit Sexual Abuse Not Guilty – Jury Trial
  • Murder 1st Degree Not Guilty– Jury Trial
  • Criminal Mischief Not Guilty– Jury Trial
  • Murder 1st Degree Not Guilty– Jury Trial

Better With Branstad & Olson

The Defense Team You Need
  • Over 65 Years of Collective Experience
  • Thousands of Cases Successfully Handled
  • Outside-the-Box Strategies to Secure the Best Result
  • A Genuine Care for Our Clients' Best Interests
  • Highly Responsive & Accessible
  • A Never-Give-Up Approach

Start Your Defense

Get a Free Consultation 
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.