Trespass Defense Lawyer in Wisconsin
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What the Law Says About Trespass in Wisconsin
Wisconsin’s trespass laws cover a wide range of situations – from entering private land without consent to entering dwellings, medical facilities, utility property, or construction sites. Depending on the location and the surrounding circumstances, trespass may be charged as a forfeiture, a Class A misdemeanor, or even a Class H felony. Each statute has its own definitions, entry requirements, and consent rules, and outcomes often turn on the specific facts of how the alleged entry occurred.
Trespass charges typically arise in disputes involving property boundaries, landlord–tenant issues, domestic disagreements, protests, firearms restrictions, or misunderstandings about a person’s right to be on certain land. Understanding which trespass statute applies is critical to identifying the best defense strategy.
At Chirafisi Anderson, S.C. we defend individuals accused of violating property crimes such as trespass across Southern and Central Wisconsin.
Trespass to Land – §943.13
Wis. Stat. §943.13 applies to entering or remaining on another person’s land without consent. Many violations under this section are Class B forfeitures, but some firearm-related subsections carry enhanced consequences. The statute is extremely detailed and includes definitions for “open land,” “inholdings,” notice requirements, and posted land.
What the State Must Prove to Convict on Trespass to Land
To obtain a conviction under §943.13(1m), the State must show:
- The defendant entered or remained on land belonging to another person.
- The entry was without express or implied consent of the owner or occupant.
- In certain subsections, the State must also prove proper notice, such as posted land or verbal/written notice not to enter.
- For firearm-related subsections, the State must prove the defendant was carrying a firearm while entering or remaining on restricted property.
Because many locations require specific signage or notice, defenses frequently arise from improper posting, implied consent, or disputes about whether the defendant was ever notified.
Criminal Trespass to a Dwelling – §943.14
Criminal trespass to a dwelling is a Class A misdemeanor and treated more seriously than land trespass because it involves a person’s home. A “dwelling” includes any structure used or intended as a residence, even if not currently occupied.
What the State Must Prove to Convict on Criminal Trespass to Dwelling
To prove a violation of §943.14, the State must establish:
- The defendant intentionally entered or remained in the dwelling of another.
- The entry was without consent of someone lawfully on the premises (or, if no one was present, without consent of the owner).
- The entry occurred under circumstances tending to create or provoke a breach of the peace.
- The defendant knew the entry was without consent and knew the circumstances tended to create or provoke a breach of the peace.
These elements are detailed in Wisconsin Jury Instruction – Criminal 1437 Criminal Trespass to a Dwellings
Criminal Trespass to Energy Provider Property – §943.143
This statute makes it a Class H felony to intentionally enter property owned, leased, or operated by an energy provider—such as power plants, substations, gas pipelines, transmission facilities, or decommissioned nuclear sites—without consent.
What the State Must Prove to Convict on Criminal Trespass to Energy Provider Property
- The property qualifies as energy provider property under the statute.
- The defendant intentionally entered it.
- The entry was without lawful authority and without consent of the energy provider.
This statute includes exceptions for union activity, labor disputes, lawful demonstrations, and certain safety compliance functions.
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Criminal Trespass to a Medical Facility – §943.145
Entering a hospital, clinic, or physician’s office without consent, under circumstances tending to create or provoke a breach of the peace, is a Class B misdemeanor.
What the State Must Prove to Convict on Criminal Trespass to a Medical Facility
- The defendant intentionally entered a medical facility.
- The entry was without consent of someone lawfully upon the premises.
- The entry occurred under circumstances tending to create or provoke a breach of the peace.
Entry Onto a Construction Site – §943.15
Entering a locked or posted construction site—or a locked/enclosed building, dwelling, or room—without consent is a Class A misdemeanor.
What the State Must Prove to Convict on Entry Onto a Construction Site
- The location was either a locked or posted construction site, or a locked and enclosed building/dwelling/room.
- The defendant entered without consent of the owner or person in lawful possession.
Penalties and Sentencing for Trespass in Wisconsin
Trespass penalties depend on the type of property and who owns or operates that property.
|
Trespass Type |
Statute |
Classification |
|---|---|---|
|
Trespass to Land |
§943.13 |
Class B forfeiture (some firearm subsections carry higher penalties) |
|
Trespass to Dwelling |
§943.14 |
Class A misdemeanor |
|
Trespass to Medical Facility |
§943.145 |
Class B misdemeanor |
|
Entry Onto Construction Site |
§943.15 |
Class A misdemeanor |
|
Trespass to Energy Provider Property |
§943.143 |
Class H felony |
Defending Trespass Charges in Wisconsin
Common defense strategies include:
View some of the results the attorneys at Chirafisi Anderson, S.C. have obtained in criminal cases across Southern and Central Wisconsin: Criminal Defense Case Results
Why Hiring a Trespass Defense Lawyer Matters
Trespass charges often turn on fine details: property boundaries, signage, consent, notice requirements, whether a structure qualifies as a dwelling, and the defendant’s intent. A conviction can carry fines, probation, and jail time—and in felony trespass cases, potential prison exposure. Facing a trespass allegation is stressful, especially when it arises from misunderstanding, misinformation, or a personal dispute. The attorneys at Chirafisi Anderson, S.C. have the experience and proven results to protect your rights, challenge the State’s evidence, and pursue the most favorable outcome.
Contact Chirafisi Anderson, S.C.
If you are facing any type of trespass charge seek the counsel of an experienced defense attorney. Contact Chirafisi Anderson, S.C. for a free consultation with an experienced defense attorney.