Trespassing

Facing a trespassing charge in Missouri can be daunting, carrying significant legal consequences. At Scrivner Law Firm, we understand the complexities of trespassing laws and are committed to providing robust defense strategies for clients in Taney, Stone, and Christian counties. Led by former prosecutor Dayrell Scrivner, our firm offers unparalleled insight into both sides of the legal system, ensuring your rights are vigorously defended.

Understanding Trespassing Charges in Missouri

Missouri law defines trespassing primarily under two statutes: trespass in the first degree and trespass in the second degree.

Trespass in the First Degree: This occurs when an individual knowingly enters unlawfully or remains on a property that is clearly marked against trespassing or is fenced to exclude intruders. It is classified as a Class B misdemeanor, which can result in up to six months in jail and a fine up to $500.

Trespass in the Second Degree: This involves entering unlawfully upon real property of another. It is considered an infraction, punishable by a fine up to $200.

Understanding the nuances between these charges is crucial, as the severity of the penalties varies significantly.

Legal Defenses Against Trespassing Charges

Several defenses can be employed when facing trespassing charges in Missouri:

1. Consent: If you had explicit or implied permission to be on the property, this serves as a strong defense. Explicit consent might include written or verbal authorization, while implied consent could be inferred from the property owner’s conduct.
2. Lack of Notice: For a first-degree trespassing charge, the property must be adequately marked with signs or purple paint indicating no trespassing, or be fenced to exclude intruders. If such notices were absent or not clearly visible, it could serve as a defense.
3. Mistake of Fact: If you genuinely believed you had the right to be on the property, perhaps due to unclear property boundaries or misleading information, this defense might be applicable.
4. Necessity: In situations where entering the property was necessary to prevent a greater harm, such as seeking shelter during a severe storm, the necessity defense may be invoked.

Each case is unique, and the applicability of these defenses depends on the specific circumstances surrounding the incident.

The Scrivner Law Firm Advantage

Choosing the right legal representation can make a significant difference in the outcome of your case. Here’s why Scrivner Law Firm stands out:

• Former Prosecutor Experience: Dayrell L. Scrivner’s background as a county prosecutor provides invaluable insight into prosecution strategies, allowing for the development of effective defense tactics.
• Local Expertise: With extensive experience in Taney, Stone, and Christian counties, our firm is well-versed in local laws, court procedures, and has established relationships within the legal community.
• Personalized Defense Strategies: We understand that every case is unique. Our approach involves a thorough analysis of the facts, identification of applicable defenses, and crafting a strategy tailored to achieve the best possible outcome for our clients.
• Proven Track Record: Our commitment to excellence is reflected in our successful defense of numerous clients facing property crime charges, including trespassing.

Contact Us

If you’re facing trespassing charges in Taney, Stone, or Christian counties, it’s imperative to act swiftly. Early intervention can significantly impact the trajectory of your case. Contact Scrivner Law Firm today at (417) 699-0074 to schedule a confidential consultation. Let us put our experience and dedication to work for you, ensuring your rights are protected and your case is handled with the utmost professionalism.