Did you know that trespassing and burglary account for more than 2 million property crimes per year in the US? The good news for the accused: trespassing can be a gray area in comparison with other crimes, as people often don’t know that they’re breaking the law. If you find yourself facing legal action, you may be wondering how to beat a trespassing charge in New Mexico. Today, we’ll discuss what trespassing is, explore New Mexico trespassing laws in detail and provide guidance to help you hopefully get a trespassing case dropped.
First, What is Trespassing?
Trespassing is entering another person’s private land without their permission. In many cases, people stray onto property or estates owned by private landowners without realizing. Often, individuals leave when requested to do so by the owner and there’s no follow-up required. In some situations, there are complications. Trespassing is considered a misdemeanor in New Mexico. It’s important to know, if you break trespassing laws in New Mexico, you run the risk of charges. Some of which carry significant penalties.
Let’s work to understand trespassing laws in New Mexico so that you can minimize the risk of breaking the law unwittingly and avoid criminal trespassing charges.
Understanding Trespassing Laws in New Mexico
Trespassing may seem relatively harmless but there are key differences between accidentally finding yourself on somebody’s private land and choosing to enter or remain on private property or causing damage. You may be charged if you knowingly enter private property or land without permission, you stay on private land when requested to leave or you remove signs from private land. You may face trespassing charges in New Mexico in the following circumstances:
- If you choose to enter marked private property, which is clearly marked, this constitutes trespassing. If there is a sign indicating that the land is privately owned, you are not permitted to enter unless you have permission from the landowner. You may be required to present written permission if you are accused of trespassing.
- If you enter and choose to remain on private land without the owner’s permission, this is trespassing. You may also be charged with trespassing if you ignore requests from the property owner to leave the site.
- If a property or landowner displays signs for private use, and you choose to ignore any public notices, you may be accused of trespassing. Look out for signs that indicate private ownership, such as ‘Private Property,’ ‘Private Land’ or ‘No Trespassing.’
- Removing or tampering with a “No Trespassing” sign on private or state-owned land not only violates New Mexico trespassing laws, but may also land you with ancillary charges such as theft, criminal mischief and vandalism.
It’s also important to avoid entering state lands without permission. If you enter state property or choose to remain there after being asked to vacate the land, you may be charged with trespassing.
What Happens if You Trespass in New Mexico?
Criminal charges for trespassing in New Mexico depend on the severity of the crime and the awareness a perpetrator may have had. Trespassing is a misdemeanor in the majority of cases, including:
- Entering private land without permission from the owner
- Entering state lands without permission
- Choosing to remain on private property without the owner’s permission
- Removing or tampering with ‘No Trespassing’ signage (petty misdemeanor)
- Causing damage or harm to any part of the property
- Failing to comply with access rules for activities including fishing and hunting
Trespassing and Other Charges
Trespassing is often a misdemeanor charge but the situation can escalate quickly if it’s not handled properly and there is conflict between a trespasser and the property owner. It is possible for people who trespass to be charged with additional offenses, which may include:
- Breaking and entering
- Burglary or intent to steal on private property
- Robbery or aggravated robbery
- Assault
- Causing damage to private or state-operated property
- Loss of fishing or hunting license
If trespassing is combined with other, more serious charges, there is a risk of heavier penalties, including fines and imprisonment sentences.
How to Beat a Trespassing Charge in New Mexico
If you have been arrested for trespassing in New Mexico, it may be possible to beat a trespassing charge. Here are some key points to consider:
Seek Legal Advice
The first step to take when trying to get a trespassing charge dropped is to contact an experienced law firm. Criminal defense attorneys who have expertise in trespassing cases will be able to provide tailored advice based on your situation and the circumstances surrounding your arrest. Knowledgeable, skilled lawyers understand the complexities of trespassing charges and they are familiar with the ins and outs of New Mexico trespassing laws. When you have a consultation, they will ask you questions and gather information about the incident to help build a strong case in your defense.
Work to Understand New Mexico Trespassing Laws
Trespassing is often a gray area, as people can trespass without realizing. There are also further complications, such as inadequate signage, which can increase the risk of the public entering private land unknowingly. If you feel that the sign was too small, it wasn’t visible or there was no sign at the time you entered, for example, there may be grounds to get your case thrown out.
Consider Your Intentions as Well as Your Actions
Intention is important when discussing trespassing, as there is a difference between roaming onto private property without realizing and choosing to enter private land or stay there once you know that you’re on privately owned land. If you didn’t know that you were on private land, you made a genuine mistake and you had no intention to cause any distress or upset, this will work in your favor. It’s also important to think about your actions. If you left the site once you realized your mistake or the owner asked you to move away, this is different from staying in place without the required permission.
A Criminal Lawyer Can Help You Navigate a Trespassing Charge.
Trespassing is illegal in New Mexico. It is an offense to enter private land without permission, stay on private property if asked to leave or tamper with or damage signage or private property. In many cases, people trespass without realizing. If you’ve been arrested for trespassing, it’s understandable to feel anxious, especially if you made a mistake or you feel that there’s no evidence to support the case. Seeking professional advice from experienced lawyers can increase your chances of beating a trespass charge. Highly-trained lawyers understand the complexities of New Mexico trespassing charges and they know what it takes to increase the chances of getting trespassing cases dropped.
If you need advice on trespassing, or you have questions about trespassing charges you’ve received, contact us now at 505.464.4844.
