Criminal Trespassing

Practically everyone at some point in their lives has been somewhere they’re not supposed to be. A wrong turn down a driveway, walking across property unannounced, or even exploring an abandoned building – this can be considered trespassing. Unfortunately, whether it is intentional or not, the State of Michigan has stiff penalties for criminal trespassing, which can include both jail time as well as extensive fines for those convicted.

Because of the serious nature of these charges and consequences for a conviction, it is strongly recommended that those charged with trespassing in Michigan consult with a criminal defense attorney to ensure that they have the best possible legal outcomes.

What is Trespassing?

In Michigan, it is illegal to enter or remain on another individual’s property without their consent. This not only applies to private properties such as residences, but also public areas where guests are not permitted outside of set days and a set timeframe. The act of trespassing is specifically defined under MCL Section 750.552 of the Michigan Penal Code Act 328 of 1931. This defines trespassing as:

“(a) Enter the lands or premises of another without lawful authority after having been forbidden to do so by the owner or occupant or the agent of the owner or occupant.

(b) Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.

(c) Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.”

The statute does not apply to process servers who are on the premises to serve the owner or occupant of the premises, the agent of said owner or occupants of the property, or a lessee of the property.

Is Criminal Trespassing Considered a Felony?

Trespassing can either be considered a misdemeanor or a felony depending on the facts surrounding the case. Generally speaking, trespassing is considered a misdemeanor under the following circumstances:

Trespassing by cutting a fence or destroying property
Trespassing on an orchard, vineyard, or garden
Trespassing on the lands or premise of another
Unlawful dumping of garbage on another’s property
Trespassing and injuring plants used for medicinal purposes
Trespassing on huckleberry, cranberry or blackberry marshes

This changes when trespassing occurs on the property of a state correctional facility or if the value of property damage is substantial, specifically between $100 and $20,000. When this happens, trespassing goes from a misdemeanor to a felony.

The penalty for felony trespass is 5 years in prison, as well as a fine of no more than $10,000 or three times the value of the damage. If the value of damage is $20,000 or more, then the penalty bumps up to 10 years prison time in addition to a $15,000 fine or three times the value of the damaged property.

Trespassing for Juveniles and Minors

In Michigan, a juvenile is defined as anyone under the age of 18. While minors can sometimes be tried as adults for serious crimes, trespassing is typically handled within the juvenile court system. This means that while a juvenile may still face legal consequences for entering another person’s property without permission, their case is processed differently from that of an adult.

Juvenile trespassing cases are overseen by the Family Division of the Circuit Court, which prioritizes rehabilitation over punishment. Unlike adult criminal records, juvenile records are generally sealed, meaning they do not carry the same long-term consequences. However, a conviction can still impact a minor’s future, especially if there are repeated offenses.

Parents and guardians should take juvenile trespassing charges seriously, as penalties may include community service, probation, fines, or participation in diversion programs. Given the legal complexities of juvenile cases, it is advisable to consult with an experienced defense attorney who understands the juvenile justice system. Legal representation can help ensure the best possible outcome for the minor while protecting their future opportunities.