A charge of Criminal Trespass in Fargo, North Dakota, can feel like a bewildering and frightening experience, suddenly turning your life upside down. What might seem like a simple misunderstanding or an innocent mistake can quickly escalate into a serious legal battle with potentially severe consequences. The uncertainty of facing fines, jail time, or a criminal record can be overwhelming, leaving you feeling exposed and unsure of how to protect your future and your freedom.
In these moments of profound fear and uncertainty, it is crucial to recognize that you are not alone. When you choose to work with me, it becomes a powerful alliance: the client and myself versus the prosecution. I am committed to being your unwavering protector and relentless fighter. I will stand by your side every step of the way, meticulously examining every detail of your case, challenging every assertion made by the prosecution, and tirelessly advocating for your rights to achieve the most favorable outcome possible.
The Stakes Are High: Understanding North Dakota’s Criminal Trespass Laws & Penalties
Criminal Trespass in North Dakota is a nuanced offense, ranging from non-criminal citations to serious felony charges, depending on the nature of the property and the circumstances of the entry or remaining. While often perceived as minor, the penalties can be substantial, including significant fines and lengthy prison sentences. Understanding the specific legal definitions and potential consequences is crucial to appreciating the seriousness of such an accusation.
What the Statute Says
The offense of Criminal Trespass, including its various levels and the “Noncriminal Offense on Posted Property” aspect, is governed by North Dakota Century Code 12.1-22-03.1 This statute meticulously details the different scenarios and their corresponding penalties.
12.1-22-03. Criminal trespass – Noncriminal offense on posted property.
- An individual is guilty of a class C felony if, knowing the individual is not licensed or privileged to do so, the individual enters or remains in a dwelling or in highly secured premises.
- An individual who unlawfully detains, occupies, or trespasses upon a residential dwelling is guilty of a class C felony for the first offense and a class B felony for a second or subsequent offense if the second or subsequent offense occurred at the same residential dwelling as the first offense.
- An individual is guilty of a class A misdemeanor if, knowing the individual is not licensed or privileged to do so, the individual:a. Enters or remains in or on any building, occupied structure, or storage structure, or separately secured or occupied portion thereof; orb. Enters or remains in any place enclosed by a fence or otherwise enclosed as manifestly to exclude intruders, unless the individual is a licensed hunter or angler who is lawfully hunting or fishing. For purposes of this subdivision, “fence” means a permanent structure on nonurban, private property which is maintained and capable of containing livestock.2
- a. An individual is guilty of a class B misdemeanor if, knowing the individual is not licensed or privileged to do so, the individual enters or remains in any place as to which notice against trespass is given by actual communication to the actor by the owner or an individual authorized by the owner or by posting in a manner reasonably likely to come to the attention of intruders. The name of the person posting the premises must appear on each sign in legible characters.b. Even if the conduct of the owner or individual authorized by the owner varies from the provisions of subdivision a, an individual may be found guilty of violating subdivision a if the owner or individual authorized by the owner substantially complied with subdivision a and notice against trespass is clear from the circumstances.c. An individual who violates subdivision a is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.
- a. A peace officer may cite an individual who, knowing the individual is not licensed or privileged to do so, entered or remained in a place as to which notice against trespass is given by posting in a manner reasonably likely to come to the attention of intruders or a place enclosed by a fence as defined in subsection 2, with a noncriminal offense.3 An individual cited under this subsection may not be prosecuted under subsection 2 or 3 for the same offense.b. The fine for a citation under subdivision a is two hundred fifty dollars for each violation.c. The peace officer citing the individual shall:(1) Take the name and address of the individual; and(2) Notify the individual of the right to request a hearing if posting bond by mail.d. The peace officer may not take the individual into custody or require the individual to proceed with the peace officer to any other location for the purpose of posting bond. The officer shall provide the individual with an envelope for use in mailing the bond.e. An individual cited may appear before the designated official and pay the statutory fine for the violation at or before the time scheduled for hearing.f. If the individual has posted bond, the individual may forfeit bond by not appearing at the designated time.g. If the individual posts bond by mail, the bond must be submitted within fourteen days of the date of the citation and the individual cited shall indicate on the envelope or citation whether a hearing is requested. If the individual does not request a hearing within fourteen days of the date of the citation, the bond is deemed forfeited and the individual is deemed to have admitted to the violation and to have waived the right to a hearing on the issue of commission of the violation. If the individual requests a hearing, the court for the county in which the citation is issued shall issue a summons to the individual requesting the hearing notifying the individual of the date of the hearing before the designated official.h. Upon appearing at the hearing scheduled in the citation or otherwise scheduled at the individual’s request, the individual may make a statement in explanation of the individual’s action. The official may at that time waive or suspend the statutory fine or bond.i. A citing peace officer may not receive the statutory fine or bond.j. The bond required to secure appearance before the judge must be identical to the statutory fine established in subdivision b.
- An individual is guilty of a class B misdemeanor if that individual remains upon the property of another after being requested to leave the property by a duly authorized individual.4 An individual who violates this subsection is guilty of a class A misdemeanor for the second or subsequent offense within a two-year period.
- This section does not apply to a peace officer in the course of discharging the peace officer’s official duties.
As a Noncriminal Offense
North Dakota Century Code 12.1-22-03(5) allows a peace officer to issue a noncriminal citation for trespass on posted property or property enclosed by a fence.5 This applies when notice against trespass is given by posting in a manner reasonably likely to come to the attention of intruders, or the property is enclosed by a permanent fence on nonurban private property capable of containing livestock. The fine for this noncriminal offense is $250 per violation. While not a criminal conviction, it still carries a financial penalty and becomes part of your record, highlighting the importance of respecting posted property signs.
As a Class B Misdemeanor
Trespass can be charged as a Class B Misdemeanor under North Dakota Century Code 12.1-22-03(4) if an individual, knowing they are not licensed or privileged to do so, enters or remains in any place where notice against trespass is given by actual communication from the owner or by posting. The posting must include the name of the person posting the premises. A Class B Misdemeanor conviction carries a maximum penalty of 30 days in jail, a fine of up to $1,500, or both.6 Additionally, remaining on another’s property after being requested to leave (subsection 6) also constitutes a Class B Misdemeanor.7
As a Class A Misdemeanor
Criminal Trespass is elevated to a Class A Misdemeanor in several scenarios under North Dakota Century Code 12.1-22-03(3). This includes entering or remaining in any building, occupied structure, storage structure, or a separately secured or occupied portion thereof, without privilege. It also applies to entering or remaining in any place enclosed by a fence or otherwise enclosed to exclude intruders (unless a lawful hunter or angler). A second or subsequent Class B Misdemeanor trespass offense within two years (subsection 4c and 6) also becomes a Class A Misdemeanor, punishable by up to 360 days in jail, a fine of up to $3,000, or both.
As a Class C Felony
The most severe trespass charges begin with a Class C Felony under North Dakota Century Code 12.1-22-03(1), if an individual knowingly enters or remains in a dwelling or “highly secured premises” without privilege. Furthermore, unlawfully detaining, occupying, or trespassing upon a residential dwelling is also a Class C Felony for the first offense (subsection 2). A Class C Felony conviction can lead to up to five years in prison, a fine of up to $10,000, or both, marking a significant escalation in severity from misdemeanor trespass.8
As a Class B Felony (Second or Subsequent Residential Dwelling Offense)
In the most serious scenario, if an individual commits a second or subsequent offense of unlawfully detaining, occupying, or trespassing upon the same residential dwelling, the charge becomes a Class B Felony under North Dakota Century Code 12.1-22-03(2). This particular provision highlights North Dakota’s strong stance against repeated and deliberate violations of residential property rights. A Class B Felony carries severe penalties, including up to ten years in prison, a fine of up to $20,000, or both, demonstrating the dire consequences for repeat offenders in specific circumstances.
What Does a Criminal Trespass Charge Look Like in Fargo?
Criminal trespass charges in Fargo are not always about malicious intent or breaking and entering in the traditional sense. They can arise from seemingly innocuous situations or honest mistakes, underscoring how easily an ordinary person might find themselves facing legal trouble. The law distinguishes between various levels of trespass, from minor infractions on posted land to serious felonies involving homes, demonstrating the broad applicability of the statute.
This section provides real-world examples to illustrate how criminal trespass charges can occur within our community. It highlights that understanding the specific rules and boundaries of property is crucial, and that a lack of awareness can still lead to significant legal consequences under North Dakota Century Code 12.1-22-03.
The Misunderstood Shortcut Through Private Farmland
Imagine a driver in rural Cass County, perhaps looking for a quicker route to a friend’s house or attempting to avoid a traffic delay, decides to cut across what appears to be an open field. They might not notice a weathered “No Trespassing” sign partially obscured by overgrown brush, or they might assume the land is public. However, if the property is clearly posted with signs, even if not perfectly maintained, or is enclosed by a functioning fence used for livestock, entering that land without permission could lead to a Class B misdemeanor or a noncriminal offense citation under North Dakota Century Code 12.1-22-03(4) or (5). This scenario shows how a casual decision can result in a trespass charge, especially on rural property.
An Uninvited Guest Refusing to Leave a Business
Consider an individual who enters a Fargo business during operating hours, but then, after causing a disturbance or violating store policy, is asked by a manager to leave. Despite the clear verbal request, the individual refuses to exit the premises and continues to argue or loiter. Even though they initially entered lawfully, remaining on the property after being explicitly requested to leave by an authorized individual constitutes a Class B misdemeanor under North Dakota Century Code 12.1-22-03(6).9 If this individual has a history of similar incidents at the same location, or generally, it could escalate to a Class A misdemeanor upon subsequent offenses.
Entering an Abandoned, Yet Secured, Building
Suppose a group of urban explorers in Fargo decides to venture into an old, seemingly abandoned industrial building on the city’s outskirts. The building is clearly boarded up, with “No Entry” signs and reinforced doors. They manage to force a window open to gain access. Even if their intent is merely to photograph or explore and not to steal or cause damage, entering an “occupied structure” (which can include abandoned buildings that are secured) or a “separately secured or occupied portion thereof” knowing they are not privileged to do so, constitutes a Class A misdemeanor under North Dakota Century Code 12.1-22-03(3)(a). The act of breaching a secured structure, regardless of its current use, signifies a higher level of trespass.
Occupying a Vacant Foreclosed Home
Imagine a situation where an individual, facing housing difficulties, discovers a vacant residential dwelling in Fargo that has been foreclosed upon and is awaiting sale. Believing it to be truly abandoned and uninhabited, they break a lock and move some of their belongings into the house, intending to live there without permission. Even if the home is empty and no one is physically displaced, “unlawfully detains, occupies, or trespasses upon a residential dwelling” is a Class C Felony for the first offense under North Dakota Century Code 12.1-22-03(2). This highlights the severe consequences of taking possession of residential property without legal right, even if it appears unoccupied.
Building Your Defense: How I Fight Criminal Trespass Charges in Fargo
Facing a criminal trespass charge in Fargo, whether it’s a non-criminal citation or a serious felony, demands an aggressive and proactive defense. The prosecution will undoubtedly attempt to prove that you knowingly entered or remained on property without privilege, and without a robust counter-strategy, your rights and future could be severely compromised. My commitment is to immediately confront these accusations, meticulously dissecting every detail of the state’s case, and leaving no stone unturned in preparing your defense.
The prosecution’s narrative is not the definitive truth; it is merely their interpretation of events, and it must be challenged at every turn. We will relentlessly scrutinize every piece of evidence they present, from witness statements to photographic evidence, seeking inconsistencies, legal infirmities, and alternative explanations. My approach is to expose any weaknesses in their claims, present a compelling counter-narrative, and fight tirelessly to protect your rights and ensure that your voice is heard and powerfully advocated for in the Fargo courts.
Challenging the Element of “Knowledge”
For many trespass charges, the prosecution must prove that you knowingly entered or remained on property without being licensed or privileged to do so. If this element cannot be proven, the case against you may falter.
- Lack of Adequate Notice: The law often requires that “notice against trespass” be given in a manner “reasonably likely to come to the attention of intruders.” If signs were obscured, too small, or not present at logical entry points, or if verbal notice was unclear or never actually communicated to you, we can argue that you lacked the requisite knowledge. For instance, if the property was posted, but the signs were faded or hidden behind foliage, it may be difficult for the prosecution to prove you knew you were trespassing, thus undermining a key element of the charge.
- Mistake of Fact or Good Faith Belief: Sometimes, individuals enter property genuinely believing they have a right to be there, based on a misunderstanding of boundaries, public access, or specific permissions. If you had a good faith, albeit mistaken, belief that you were licensed or privileged to enter or remain on the property, we can argue that you lacked the criminal intent required for conviction. For example, if you were told by a third party that you had permission, or if the property appeared to be public land, this mistaken belief can form a strong defense by negating the element of “knowing” trespass.
Scrutinizing the Property’s Status and Definition
The legal classification of the property itself is crucial in determining the severity of a trespass charge. Misinterpreting or mischaracterizing the type of property can significantly impact the charge.
- Disputing “Dwelling” or “Highly Secured Premises”: For felony trespass, the property must be a “dwelling” or “highly secured premises.” We will meticulously examine the nature of the property to determine if it truly meets these legal definitions. For example, an abandoned structure might not qualify as a “dwelling” if it is uninhabitable and not intended for habitation, reducing a potential felony charge to a misdemeanor. Similarly, “highly secured premises” must meet specific criteria, and if those are not met, the higher charge might not apply.
- Challenging “Enclosed” Property or “Posted” Requirements: For certain misdemeanor trespass charges, the property must be “enclosed by a fence or otherwise enclosed as manifestly to exclude intruders,” or notice must be given by proper “posting.” We will investigate if the fence truly meets the legal definition of a “permanent structure on nonurban, private property which is maintained and capable of containing livestock,” or if the posting was genuinely “reasonably likely to come to the attention of intruders” with the owner’s name. If these statutory requirements are not strictly met, the specific trespass charge might not be valid.
Investigating Law Enforcement Conduct
The actions of law enforcement officers during the investigation and arrest can sometimes provide grounds for challenging the charges, especially concerning your rights.
- Improper Request to Leave: For a Class B Misdemeanor under N.D.C.C. 12.1-22-03(6), the prosecution must prove that you “remained upon the property of another after being requested to leave the property by a duly authorized individual.” We will investigate whether the request to leave was clear, unambiguous, and made by someone genuinely authorized by the property owner. If the request was vague, or if the person making it lacked proper authority, the element of the crime may not be met.
- Violations of Constitutional Rights: While less common in simple trespass cases, any unlawful search and seizure or violation of your Miranda rights during questioning can lead to the suppression of evidence or statements. We will scrutinize police conduct, including how they gathered evidence, whether they had probable cause for arrest, and if your rights were properly explained and respected during any custodial questioning. If your constitutional rights were violated, critical evidence against you could be excluded.
Demonstrating Necessity or Emergency
In some rare circumstances, entering or remaining on property without permission might be justified by an immediate threat or emergency situation.
- Defense of Necessity: In situations where you entered or remained on property without permission to prevent a greater harm or an imminent threat to yourself or others, a defense of necessity may be argued. For example, if you trespassed to escape a dangerous animal, seek immediate medical help, or avoid a serious accident, the court may consider that your actions, while technically trespass, were necessary under the circumstances. This defense requires demonstrating that the harm you sought to avoid was greater than the harm caused by the trespass.
- Unavoidable Circumstances: There might be situations where factors entirely outside your control led to your presence on the property. For example, being disoriented due to a medical emergency, adverse weather conditions forcing you to seek immediate shelter, or an accident that caused you to inadvertently enter private land. If your presence was truly unavoidable and not the result of a deliberate choice to trespass, this could be a viable defense.
Your Questions About North Dakota Criminal Trespass Charges Answered
What does “knowing” mean in the context of criminal trespass?
In North Dakota criminal trespass law, “knowing” means that you were aware you were not licensed or privileged to enter or remain on the property.10 This knowledge can be proven by direct communication (e.g., being told to leave), by clearly posted signs (notice against trespass), or by the obvious nature of the property (e.g., a locked house, a highly secured facility). It’s not about intent to commit a crime, but simply the awareness that you don’t have permission to be there.
What is the difference between a “dwelling” and an “occupied structure”?
A “dwelling” specifically refers to a building or part of a building used by a person as a home or place of lodging.11 This implies a residential purpose. An “occupied structure” is a broader term that includes any building, vehicle, or place adapted for overnight accommodation, or for carrying on business therein, and includes any separately secured or occupied portion thereof. Thus, a dwelling is a type of occupied structure, but an occupied structure can also be a commercial building or a storage unit.
Can a “No Trespassing” sign be handwritten?
Yes, a “No Trespassing” sign can be handwritten, but it must still meet the statutory requirements to provide sufficient notice. North Dakota Century Code 12.1-22-03(4)(a) specifies that notice must be given “by posting in a manner reasonably likely to come to the attention of intruders” and “the name of the person posting the premises must appear on each sign in legible characters.” So, while handwritten, it must be legible and clearly visible.
Does a fence always mean “no trespassing” in North Dakota?
Not always. While an enclosure by a fence can constitute notice against trespass for a Class A misdemeanor, the law for this specific type of notice (N.D.C.C. 12.1-22-03(3)(b)) specifies that “fence” means “a permanent structure on nonurban, private property which is maintained and capable of containing livestock.” Therefore, not all fences automatically imply trespass, especially in urban areas or if they don’t meet the “livestock” criteria. However, a fence, combined with other circumstances, can still indicate a clear intent to exclude.
What if I was told by someone other than the owner that I could enter?
If you genuinely believed you had permission based on what someone told you, even if that person was not the true owner or lacked authority, it could be a defense. This falls under a “mistake of fact” defense, where you lacked the “knowing” element required for the crime. However, the credibility of your belief and the authority of the person who gave you permission would be scrutinized by the court.
Is “highly secured premises” explicitly defined in the statute?
While North Dakota Century Code 12.1-22-03(1) mentions “highly secured premises” for Class C felony trespass, the term itself is not explicitly and comprehensively defined within that specific statute. Courts generally interpret “highly secured premises” to mean facilities with enhanced security measures, such as industrial plants, government buildings, or critical infrastructure, where unauthorized entry poses a significant risk to public safety or national security, making the intent to exclude intruders abundantly clear.
Can I receive a noncriminal trespass citation if I entered a residential dwelling?
No. North Dakota Century Code 12.1-22-03(5) explicitly states that an individual cited with a noncriminal offense “may not be prosecuted under subsection 2 or 3 for the same offense.” Subsection 2 deals with residential dwelling trespass (Class C or B felony), and subsection 3 deals with trespass on buildings/occupied structures or fenced non-urban property (Class A misdemeanor). Therefore, trespass on a residential dwelling would typically result in a more serious criminal charge.
What happens if I pay the $250 fine for a noncriminal trespass citation?
If you pay the $250 fine for a noncriminal trespass citation (N.D.C.C. 12.1-22-03(5)), you are essentially admitting to the violation and waiving your right to a hearing. The bond is deemed forfeited. While it avoids a criminal conviction that would appear on your record, it still signifies that you were found to have committed the noncriminal offense and results in a financial penalty.
Can I get a criminal trespass charge expunged from my record?
Yes, depending on the severity of the charge, expungement (sealing) of a criminal trespass conviction may be possible in North Dakota. Misdemeanor convictions generally have a shorter waiting period for eligibility than felony convictions. The process involves filing a petition with the court and meeting specific legal criteria. Expungement can help clear your record and improve future opportunities, making it a critical consideration for anyone convicted of trespass.
What evidence is typically used in criminal trespass cases?
Evidence in criminal trespass cases can include witness testimony from property owners or law enforcement, surveillance camera footage, photographs of posted signs or fences, physical evidence of forced entry, GPS data from your phone or vehicle, and any statements you may have made to the police. The prosecution will try to show you knew you were not allowed on the property.
Is it possible to go to jail for a simple trespass?
Yes, it is possible, though it depends on the specific circumstances and the level of the charge. A Class B misdemeanor trespass carries a maximum of 30 days in jail, and a Class A misdemeanor carries up to 360 days.12 Felony trespass charges, particularly those involving dwellings or repeat offenses, can lead to years in state prison. The idea of “simple trespass” can quickly escalate to serious criminal penalties.
What if I accidentally crossed a property line without realizing it?
If you genuinely and accidentally crossed a property line without realizing it, and there was no clear notice against trespass or intent to violate, it could be a defense. The prosecution would need to prove you “knowingly” trespassed. However, if signs were clearly visible or you had been previously warned, your claim of accident might be more difficult to sustain.
Does a verbal warning from an owner count as “notice against trespass”?
Yes, a verbal warning from the owner or an individual authorized by the owner can absolutely count as “actual communication to the actor by the owner or an individual authorized by the owner” under North Dakota Century Code 12.1-22-03(4)(a), which can lead to a Class B misdemeanor charge if you then enter or remain on the property. Once you’ve been directly told to leave or not to enter, you have received sufficient notice.
What if I was arrested for trespass while hunting or fishing?
North Dakota Century Code 12.1-22-03(3)(b) contains an important exception: it states that entering or remaining in a place “enclosed by a fence or otherwise enclosed as manifestly to exclude intruders” does not apply if “the individual is a licensed hunter or angler who is lawfully hunting or fishing.” However, this exception only applies if the property is not otherwise posted, or if you had explicit permission. Hunting and fishing regulations regarding trespass are strict.
What should I do if I am contacted by law enforcement about a trespass incident?
If you are contacted by law enforcement regarding a trespass incident, the most important thing you can do is to exercise your right to remain silent and request an attorney immediately. Do not answer any questions, provide any explanations, or consent to any searches. Anything you say can be used against you. Contact an experienced criminal defense lawyer in Fargo as soon as possible.
Your Future Is Worth Fighting For
A criminal trespass charge in Fargo, North Dakota, particularly at the misdemeanor or felony level, can cast a long and damaging shadow over your livelihood and future career prospects. Many employers conduct thorough background checks, and a conviction for trespass, especially one involving a dwelling or a secured facility, can be a significant red flag. It can limit your ability to secure employment, affect professional licensing, and even impact volunteer opportunities, thereby constraining your ability to earn a living and contribute to your community.
Beyond the immediate professional and financial consequences, a criminal trespass conviction can silently erode your fundamental constitutional rights and liberties. While not as direct as a felony violent crime, a criminal record can impact your civic participation, making you ineligible for certain public service roles or even affecting your eligibility for certain types of housing or loans.13 These are not minor inconveniences; they are subtle but persistent limitations on your freedom and ability to fully engage as a citizen.
I Know the Fargo Courts and the Prosecution
Navigating the complexities of criminal trespass charges in Fargo demands a defense attorney with an intimate and strategic understanding of the local judicial landscape. I have cultivated extensive knowledge of the Fargo courts, including the specific procedures, the tendencies of the judges, and the most effective ways to present a defense within this jurisdiction. This local insight is crucial for anticipating judicial responses and crafting arguments that resonate effectively within the Cass County legal system.
Furthermore, my experience includes a comprehensive understanding of the prosecution teams in Fargo. I know their methods, their negotiation styles, and the specific evidentiary thresholds they typically pursue for various trespass charges. This allows me to proactively identify potential weaknesses in their case, strategically counter their arguments, and engage in assertive, informed negotiations aimed at securing the most favorable outcome for you. When your freedom and record are on the line, having an attorney who is deeply familiar with the local players and processes provides an invaluable advantage.
A Single Mistake Shouldn’t Define Your Life
The notion that a single alleged mistake or a moment of misunderstanding should permanently define the trajectory of your life is fundamentally unjust. A criminal trespass accusation, regardless of its initial severity, has the potential to leave a lasting mark on your criminal record, influencing your future employment, housing, and social standing for years to come. It can create unwarranted stigmas and limit opportunities, preventing you from moving forward and achieving your full potential.
My unwavering commitment is to tirelessly fight on your behalf, ensuring that one incident does not disproportionately impact your entire life. I will meticulously dissect every aspect of the prosecution’s case, identify any weaknesses in their evidence, and build the strongest possible defense tailored to your unique circumstances. Whether it involves seeking a complete dismissal of the charges, negotiating for a non-criminal outcome, or aggressively representing you in court, my focus is always on mitigating the long-term consequences and protecting your future.