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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.

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

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 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.

Penalties include:

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

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

  • "You will receive a good outcome with her."
    Everyone in the courtroom from lawyers, judges, or prosecutors seemed to clearly have an unspoken respect for her. She is truly a caring being who is devoted to justice for others.
    - Jimmy
  • "I'm so lucky I chose Christine"
    This was my first experience needing a criminal lawyer, and I'm so lucky I chose Christine. She was able to calm my anxiety from the first phone call, and the results she achieved with her "magic" were outstanding. Thank you, Christine!
    - Linda

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Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.

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