Entering someone else’s personal or commercial property without permission constitutes criminal trespass in Oklahoma.
The laws in and around Muskogee are very specific — criminal trespass in Oklahoma can lead to fines and jail time.
What is Criminal Trespass in Oklahoma?
Any willful or malicious entry upon the someone’s land that is devoted to farming, forestry, or ranching without the permission of the owner, is a criminal trespass in Oklahoma.
Any willful or malicious entry onto someone’s garden, yard, pasture, or field after being expressly forbidden to do so, or without permission by the owner or lawful occupant if the property is posted, can result in trespass charges. Okla. Stat. tit. 20 § 1835
Oklahoma law also defines recreational trespass as entering land for recreational use without permission, or remaining on land for recreational use after being asked to leave.
Yet one other form of trespass in Oklahoma involves trespassing into pecan groves without prior consent.
Penalties
Penalties can be stiff for trespassing violations. You could face a fine of up to $250 and 10 days of jail time for a first offense, and a fine of up to $500 and 20 days of jail time for a second offense.
For a third offense, you could face up to $2,500 in fines and up to six months in jail.
Furthermore, if you entered the property illegally and stole something or caused other harm to the property, you may be fined up to $500 and jailed for up to 30 days.
Generally, trespassing crimes in Muskogee are misdemeanor offenses.
Affirmative Defenses
Talk with your Muskogee criminal defense attorney about any possible defenses that you may have to the charge of criminal trespass in Oklahoma. Under the Oklahoma statutes, if you have implied permission or a legal right to be on the property, these could provide you with a legal defense to the charge of trespass.
For example, the statutes carve out certain exceptions that allow some workers to be on the property to conduct business without the explicit permission of the owner.
In cases of trespass onto yards and agricultural lands, it is your burden to show that you had a legal right to be on the premises.
Low-cost Consultation: Muskogee Criminal Defense Lawyer
If you are being investigated or have already been charged with criminal trespass in Oklahoma, contact an experienced Muskogee criminal defense lawyer as soon as possible to protect your legal rights. Your
Call Wirth Law Office – Muskogee today at 918-913-0725, or toll free at 1-888-447-7262 [Wirth Law].
