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  • Writer's pictureBrandon Hicks

Defending Against Criminal Trespass: Understanding Indiana's IC 35-43-2-2



Are you or someone you know facing criminal trespass charges in the state of Indiana? It's essential to have a strong defense to protect your rights and ensure a fair outcome. B. Hicks Law, your trusted criminal defense law firm, is here to help you navigate Indiana's criminal trespass laws, specifically IC 35-43-2-2. In this blog post, we'll break down this statute, explaining its key elements and penalties, and how we can assist you in your defense.


Understanding Criminal Trespass (IC 35-43-2-2)

The Basics

IC 35-43-2-2 defines criminal trespass in the state of Indiana. It involves entering or remaining on someone else's property without permission and can be committed in various ways. Understanding the specific elements of this statute is essential for building a strong defense.


Key Elements of Criminal Trespass

1. Unauthorized Entry or Refusal to Leave

Criminal trespass occurs when a person knowingly or intentionally enters another person's property or refuses to leave after being asked to do so by the property owner or their agent. This applies even if the person doesn't have a contractual interest in the property.

2. Entry on Agricultural Operations

If a person enters property used for agricultural operations, including animal, plant, or other agricultural product production, without the owner's consent or an authorized person's permission, it constitutes criminal trespass.

3. Scientific Research Facilities

Entering a scientific research facility without permission and causing property damage is considered criminal trespass.

4. Denial of Entry by Court Order or Posting

A court order or posting of property with identifying purple marks can be used to deny entry. Entering such property after being denied by these means is also criminal trespass.

5. Other Specific Scenarios

Criminal trespass can also apply to situations involving railroad property, school property, and more, with varying levels of severity based on the circumstances and prior convictions.

Penalties for Criminal Trespass

The penalties for criminal trespass depend on the circumstances and can range from a Class A misdemeanor to a Level 6 or Level 5 felony. Felony charges may apply if the trespass occurs on specific properties, such as scientific research facilities, public utility facilities, school property, or if there's a prior unrelated conviction for trespass concerning the same property. The severity can also be determined by the amount of property damage caused.


How B. Hicks Law Can Help

If you or someone you know is facing criminal trespass charges in Indiana, it's crucial to consult an experienced criminal defense attorney. B. Hicks Law specializes in defending individuals against criminal charges and will work tirelessly to protect your rights and secure the best possible outcome for your case.

Our experienced legal team will:

  • Assess the specific details of your case to build a strong defense strategy.

  • Navigate the complexities of Indiana's criminal trespass laws to your advantage.

  • Advocate for your rights and interests throughout the legal process.

  • Provide expert legal guidance and representation in court.

Don't let a criminal trespass charge jeopardize your future. Contact B. Hicks Law today to schedule a consultation and take the first step towards a robust defense strategy. We're here to fight for your rights and help you achieve the best possible outcome in your case. Your freedom and future are our top priorities.

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