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Trespassing on Private Property When Hunting in Wisconsin

By Carlos Gamino

What happens if you’re caught trespassing on private property when you’re hunting in Wisconsin? Although it happens often, it’s still a crime – and it’s one that could get you thrown in jail. Here’s what you need to know about trespassing on someone’s private property.

Trespassing on Private Property When Hunting in Wisconsin

First things first: Your best bet is to get permission from any property owner whose land you may be on when you go hunting. You aren’t allowed to enter any land that belongs to another person without consent from the owner – even if it’s a big stretch of forest or an empty field.

You could be charged with trespassing if you find yourself on someone else’s land (or if someone else finds you on their land) when you’re hunting. That’s true even if you’re simply retrieving game, which you’re required to do as a hunter. You’ll need to get permission from the land owner unless the land is considered open in the Managed Forest Law program or if it’s considered inholdings (that means it’s private land surrounded by public land). In those cases, you can retrieve game without obtaining prior permission – but you still can’t hunt on the land specifically without permission.

Related: What is trespassing in Wisconsin?

Other Than Hunting, What’s Considered Trespassing on Private Property?

If you enter someone else’s land without permission and cause a breach of the peace, you can be found guilty of trespassing on private property. A breach of the peace could mean nearly anything, including:

  • Abusive language
  • Acts likely to produce violence
  • Acts of violence
  • Acts that cause someone to fear for their safety
  • Anything that causes or could cause a public disturbance
  • Noise
  • Swearing

Related: Disorderly conduct defense in Wisconsin

What to Do if You’re Charged With Trespassing on Private Property

If you’re accused of trespassing on private property, you may want to speak to an attorney who can help you. Call our office at 414-383-6700 now to schedule your free consultation with an experienced professional. We’ll answer your questions and give you case-specific legal advice that helps you get the best possible outcome in your case.

Attorney Carlos Gamino

By |2021-11-23T12:42:38-06:00December 21st, 2021|Criminal Law|Comments Off on Trespassing on Private Property When Hunting in Wisconsin

What is the Penalty for Trespassing in Wisconsin?

By Carlos Gamino

Trespassing is a crime in Wisconsin – and though it’s not considered a serious crime, it’s one that could put you behind bars. This guide explains the penalty for trespassing and what can happen to you if a court finds you guilty of the crime.

What is the Penalty for Trespassing in Wisconsin?

Generally, criminal trespass – that’s what it’s officially called in the state of Wisconsin – is a Class A misdemeanor. This property crime can result in you going to jail for up to 9 months and paying a fine of up to $10,000. That doesn’t mean a judge has to give you a jail sentence or a fine; it simply means that the judge can impose either or both of those penalties.

Trespassing by accident isn’t likely to get you thrown in jail. However, if you had some sort of criminal intent (or if you committed a crime while on the property, such as breach of peace), you can be charged with and convicted of criminal trespass.

Related: What is trespassing?

The Crime of Breaching the Peace

Breach of the peace is a catch-all term that the state uses to encompass any type of rowdy, unwelcome or unpleasant behavior. Virtually anything that causes a disturbance, whether it’s noisy behavior and profane language or an act of violence (or even something that causes another person to fear for their own safety), can be considered a breach of the peace.

Defenses for Criminal Trespassing Charges

Your attorney will carefully evaluate your whole situation – including the events that led up to the alleged criminal trespass offense – to figure out the best defense for you. In many cases, a person trespasses mistakenly, or they thought they were permitted to be on the property. In other cases, people have a non-criminal intent for being on private property. Your attorney will ask you plenty of questions to zero in on the best possible defense for you.

Do You Need to Talk to an Attorney About the Penalty for Trespassing in Wisconsin?

If you’ve been accused of criminal trespass, our team may be able to help you. Call and schedule your free consultation today – we’re available at 414-383-6700, and we’ll be happy to answer your questions and build a solid defense strategy for you.

Attorney Carlos Gamino

By |2021-11-23T12:44:49-06:00December 10th, 2021|Criminal Law|Comments Off on What is the Penalty for Trespassing in Wisconsin?

What is Trespassing?

What is Trespassing - Carlos Gamino

By Carlos Gamino

Trespassing is a misdemeanor in Wisconsin, which means you could end up going to jail if a judge convicts you of the crime. In fact, you could spend up to 9 months behind bars – and you could end up paying up to $10,000 in fines.

What is Trespassing?

Trespassing – technically called criminal trespass in Wisconsin – is intentionally entering someone else’s property (a house, a building, a store, an outdoor property or any other location) without consent from someone who’s legally on the premises. It’s not enough to simply enter, though; you must have entered under circumstances that tend to “create or provoke a breach of the peace.”

What is a Breach of the Peace?

The term breach of the peace refers to any violation of peace and order, so it can mean nearly anything. Here are a few things that could constitute a breach of the peace:

  • Swearing and profanity
  • Abusive language
  • An act of violence
  • An act likely to produce violence
  • An act that makes someone fear for his or her safety
  • Noisy behavior
  • Anything that causes a public disturbance

What is Trespassing on Private Property, Such as Land?

You can’t enter any enclosed land that belongs to someone else without consent from its owner – even if it’s just a big, empty field. Landowners are required to place signs in at least two conspicuous areas for every 40 acres of private land Doing so could be considered trespass to land, which could result in a fine.

What About Trespassing Charges During Hunting Season?

Hunters are always required to try to retrieve game, but they can’t trespass to do so. You need permission to retrieve game from someone else’s property except if:

  • The land is “open” in the Managed Forest Law program
  • Land considered “inholdings,” which means it’s private land surrounded by public land

Related: Wisconsin’s criminal penalties

Were You Charged With Trespassing?

If you were charged with trespassing, you may need to work with an attorney to get the best possible outcome in your case. Your lawyer will ask you questions about the incident that led to your criminal charges, explain what Wisconsin’s trespassing consequences are and talk to you about your legal options. Call us at 414-383-6700 now – we might be able to help you.

Carlos Gamino

By |2021-07-17T13:12:46-05:00January 22nd, 2020|Criminal Law|Comments Off on What is Trespassing?

What is Trespassing in Wisconsin?

What is Trespassing in Wisconsin - Carlos Gamino

By Carlos Gamino

Trespassing can be a crime – but not always. In some cases, it’s a civil matter that could land you in court.

So what is criminal trespass, and how does it differ from civil trespass?

What is Trespassing?

Trespassing can fall under two sets of laws – one is criminal and the other is civil.

Criminal Trespassing Charges

You can get in legal trouble for criminal trespass, which happens when you intentionally enter someone else’s dwelling without that person’s consent (or the consent of another person on the premises), when you do so under circumstances that tend to create or provoke a breach of the peace.

Civil Trespassing

In order for you to get into trouble for civil trespassing, the landowner must take you to court for being on his or her property without permission.

What is Wisconsin’s Trespassing Penalty?

In Wisconsin, criminal trespass is a Class A misdemeanor. You could end up spending up to 9 months in jail and pay up to $10,000 in fines if the court convicts you.

Can You Defend Against Criminal Trespassing Charges?

There are some defenses that your criminal attorney could use, although every case is different. One of the most common defenses to a criminal trespassing charge is that you were only there by mistake; you didn’t intend to be there. Your attorney might also argue that you had no intent to create or provoke a breach of the peace, or that you were invited to the property.

Have You Been Charged With Criminal Trespass?

If you’ve been charged with criminal trespass in Milwaukee or any of the surrounding communities, we may be able to help you.

Call us at 414-383-6700 if you’re in Milwaukee or elsewhere in Southeast Wisconsin. We’ll be happy to answer all your questions during your free case review.

Carlos Gamino

By |2021-07-23T18:24:49-05:00November 25th, 2019|Criminal Law|Comments Off on What is Trespassing in Wisconsin?