MN Trespass Lawyer: Defense for 609.605 Charges

A Minnesota Criminal Defense Lawyer Explains What a Conviction Under Statute § 609.605 Could Mean for You

You didn’t expect to be in this situation. Maybe it was a misunderstanding, a party that got out of hand in a Minneapolis suburb, or a protest in downtown St. Paul where the lines were a little blurry. Perhaps you were just cutting across a field in a rural part of the state, not realizing it was private property. Now, you’re staring at a piece of paper that says you’ve been charged with trespassing, and your mind is racing. What does this mean? Will you go to jail? How will this impact your job, your future, your reputation? The feeling of uncertainty can be overwhelming, leaving you feeling isolated and anxious.

It’s easy to dismiss a trespass charge as a minor issue, a simple slap on the wrist. But in Minnesota, the law takes property rights seriously, and a conviction can carry surprisingly severe and lasting consequences. You could be facing not just hefty fines, but also jail time, a permanent criminal record, and a host of other problems you never anticipated. This isn’t just a ticket; it’s a formal criminal charge that has the power to disrupt your entire life. You might feel like the charge is unfair, that you didn’t intend to cause any harm, or that the property owner is blowing things out of proportion. These feelings are valid, but they won’t be enough to protect you in court.

You do not have to navigate this complicated and stressful process alone. As a criminal defense attorney practicing across the entire state of Minnesota—from the bustling city courts of Hennepin and Ramsey counties to the local courthouses in Rochester, Duluth, St. Cloud, and beyond—I have seen firsthand how a trespass charge can turn a good person’s life upside down. I understand what you’re up against, and I am here to help you understand the charges, explore your options, and build a powerful defense strategy. Your side of the story deserves to be heard, and my goal is to ensure it is presented clearly and forcefully.

What Does a Trespass Charge Actually Mean in Minnesota?

In its simplest form, trespassing is the act of knowingly entering or remaining on someone else’s property without their permission. However, the Minnesota legal system has a much more detailed and specific definition. A charge of “Trespass” under Minnesota law isn’t just about being somewhere you’re not supposed to be; it often involves your intent and your actions once you are there. The law covers a wide range of behaviors, from refusing to leave a place after being told to do so, to entering a locked building or a posted construction site.

Many people charged with this offense in cities like Bloomington, Eagan, or Plymouth are surprised by the complexity of the statute. For example, you could be charged for returning to a property after being warned not to, even if you had a legitimate reason in your mind. The law also makes special provisions for trespassing on school property, at emergency shelters, or on agricultural land, each carrying its own set of rules and potential penalties. Understanding the nuances of your specific accusation is the first step in fighting it. Phrases like “Minnesota trespass charges,” “what is trespassing in Minnesota,” and “facing a trespass accusation” all point to a complex legal reality that requires a skilled defense.

Minnesota Law on Trespass — Straight from the Statute

The specific law that governs trespassing in Minnesota is found in the state statutes. When you are charged, the prosecutor is alleging that your actions violated this specific section of the law. Knowing what the statute says is critical to building your defense. The primary law is Minnesota Statute § 609.605.

Here is the exact language of the law that defines the most common forms of misdemeanor trespass:

609.605 TRESPASS.

Subdivision 1. Misdemeanor.

…(b) A person is guilty of a misdemeanor if the person intentionally:

(1) permits domestic animals or fowls under the actor’s control to go on the land of another within a city;

(2) interferes unlawfully with a monument, sign, or pointer erected or marked to designate a point of a boundary, line or a political subdivision, or of a tract of land;

(3) trespasses on the premises of another and, without claim of right, refuses to depart from the premises on demand of the lawful possessor;

(4) occupies or enters the dwelling or locked or posted building of another, without claim of right or consent of the owner or the consent of one who has the right to give consent, except in an emergency situation;

… (7) returns to the property of another with the intent to abuse, disturb, or cause distress in or threaten another, after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent;

(8) returns to the property of another within one year after being told to leave the property and not to return, if the actor is without claim of right to the property or consent of one with authority to consent…

Breaking Down the Legal Elements of Trespass in Minnesota

For the state to convict you of trespassing, the prosecutor must prove several specific components—known as legal elements—beyond a reasonable doubt. Simply being on someone else’s property is often not enough. Each element is a building block of the state’s case, and if even one block is missing, the entire case against you can fall apart. Understanding these elements is crucial to identifying the weaknesses in the prosecution’s argument and building a strong defense tailored to your unique situation.

Act: The first element is the physical act of entering or remaining on a property. This could mean walking onto a piece of land, entering a building, or refusing to leave when asked. The specific action the state accuses you of will determine which part of the statute applies. For example, the act of entering a posted construction site in Maple Grove is treated differently than the act of refusing to leave a bar in Minneapolis after the bouncer told you to get out. The prosecutor must prove you actually committed the specific prohibited act.
Intent: This is one of the most critical and often contestable elements. The prosecution must prove that you intentionally committed the act. This means you acted with a conscious objective to be on the property. If you wandered onto someone’s land by mistake, believing it was public property, or if you were unaware you had crossed a boundary, you may lack the necessary intent for a conviction. Your state of mind is a key battleground in many trespass cases, and proving you didn’t mean to trespass can be a powerful defense.
Without Authorization: The state must prove that you did not have permission to be on the property. This permission is often referred to as “consent” or “claim of right.” Consent can be explicit (“You are welcome to come in”) or implied (a store that is open to the public). A “claim of right” means you had a legitimate, good-faith reason to believe you were entitled to be there, even if that belief was ultimately mistaken. If you had any form of consent or a valid claim of right, the charge cannot stand.
Notice: In many trespass scenarios, particularly those involving a refusal to leave or entering posted property, the prosecutor must prove you had notice that your presence was forbidden. This could be a verbal warning (“I’m telling you to leave now”), a locked door, or a “No Trespassing” sign. The law has very specific requirements for how property must be “posted.” If the signs are not conspicuous, properly worded, or placed at the correct intervals, the “notice” element may not be met, providing a strong avenue for your defense.

Penalties for a Trespass Conviction in Minnesota Can Be Severe

Do not make the mistake of underestimating a trespass charge. While it may not sound as serious as other crimes, a conviction in Minnesota carries significant penalties that can impact your freedom, your finances, and your future. The severity of the punishment depends on the specific circumstances of the alleged offense. Prosecutors in places like St. Paul and Rochester take these cases seriously, and judges have the discretion to impose sentences up to the legal maximum. Understanding the potential “penalties for trespass in Minnesota” is essential as you decide how to approach your defense.

Misdemeanor Trespass

Most first-time or basic trespass offenses are classified as misdemeanors. This is the most common level of charge under Minnesota Statute § 609.605. However, “misdemeanor” does not mean “minor.” If you are convicted, you could be facing:

Up to 90 days in jail.
A fine of up to $1,000.
A period of probation, often with conditions like completing community service, paying restitution to the property owner, or having no contact with the property or its owner.

Gross Misdemeanor Trespass

Certain types of trespassing are considered more serious and are elevated to a gross misdemeanor. This includes trespassing on the grounds of an emergency shelter for battered women or sex trafficking victims, on certain agricultural lands with posted biosecurity warnings, or trespassing on school property with a group of two or more other people. The “Minnesota sentencing for trespass” at this level is substantially harsher:

Up to 364 days in jail.
A fine of up to $3,000.
Longer and more restrictive probation terms.

What Trespass Looks Like in Real Life — Common Scenarios in Minnesota

A trespass charge can arise from a wide variety of situations, many of which are simple misunderstandings or moments of poor judgment. The law is broad, and police in cities across Minnesota apply it to many different real-world contexts. You might recognize your own circumstances in one of these common scenarios, which can happen to anyone.

These examples illustrate how easily a person can find themselves facing a criminal charge for what they thought was a harmless act. The specific details matter, and your defense must be tailored to the context in which the alleged incident occurred.

The College Party in Minneapolis

You’re at a house party near the University of Minnesota. The party gets crowded and spills into the next-door neighbor’s yard. The neighbor, who has had issues with student parties before, comes out and tells everyone to get off their lawn. You don’t hear them over the music and linger for a few more minutes before heading out. Annoyed, the neighbor has already called the Minneapolis police, who arrive and issue several citations for trespassing because you didn’t leave immediately upon demand.

The Protest in Downtown St. Paul

You are part of a passionate protest near the State Capitol. As the demonstration moves, police create a cordon using tape to restrict access to a certain area for safety reasons. In the confusion and momentum of the crowd, you cross the police line without realizing it was forbidden. A state trooper stops you and charges you with misdemeanor trespass for entering a lawfully cordoned-off area, even though you had no intent to interfere with their duties.

The Hunting Misunderstanding Near Duluth

You’re hunting on what you believe is public land in the woods outside Duluth. You follow a trail, cross a creek, and continue on. A property owner confronts you, angrily stating that you are on private land and pointing to a faded “No Trespassing” sign partially obscured by branches. Despite your apologies and explaining it was an honest mistake, they call the St. Louis County Sheriff, and you are charged with trespassing for entering a posted property without consent.

The Domestic Dispute in Rochester

You and your ex-partner had an argument, and they told you to leave their apartment and not come back. The next day, you return to their Rochester apartment complex to retrieve your laptop, which you need for work. Your ex refuses to open the door and calls the police. Because you returned to the property within a year after being told not to, the Olmsted County prosecutor charges you with misdemeanor trespass, even though you had a “claim of right” to get your own property.

Legal Defenses That Might Work Against Your Trespass Charge

Being charged with trespassing does not mean you will be convicted. The prosecutor carries the burden of proving every element of the crime against you beyond a reasonable doubt, and a skilled defense attorney can challenge their case at every turn. You have rights, and there are powerful legal defenses that can lead to a dismissal, a reduction of charges, or a not-guilty verdict at trial. Your defense strategy must be customized to the exact facts of your case, whether it happened in Brooklyn Park, Plymouth, or rural Minnesota.

The key is to act quickly. Evidence can disappear, witness memories can fade, and the sooner I can begin investigating your case, the stronger your position will be. We will scrutinize the police report, interview witnesses, and analyze the location of the alleged incident to find the weaknesses in the prosecution’s argument. Common “defenses to trespassing in Minnesota” often revolve around intent, consent, and proper notice. Don’t assume the state has an open-and-shut case; they rarely do. My job is to find the holes and use them to your advantage.

You Lacked the Requisite Intent

One of the strongest defenses is arguing that you did not intentionally trespass. The state must prove your specific intent to be on the property without permission. If your entry was accidental or based on a genuine mistake, you may not be guilty.

Honest Mistake: You genuinely and reasonably believed the property was public or that you were allowed to be there. For instance, you were hiking on a poorly marked trail and accidentally strayed onto private land. Your lack of awareness that the property was private negates the “intentional” element of the crime.
No Intent to Commit a Prohibited Act: Perhaps you entered the property, but not with the intent the statute prohibits. For example, in a charge of returning to a property to “abuse, disturb, or cause distress,” you must have had that specific purpose. If you returned simply to retrieve personal belongings, your intent does not match what the law forbids.

You Had Consent or a “Claim of Right”

A trespass charge is invalid if you had permission or a legitimate reason to be on the property. This is an affirmative defense where you present evidence to justify your presence.

Implied or Express Consent: The property owner, or someone with authority, gave you permission to be there. This consent could have been verbal, or it could be implied by the circumstances, such as a business being open to the public. If a friend invited you over, their consent as a lawful resident protects you from a trespass charge brought by the landlord.
Claim of Right: You had a good-faith belief that you had a legal right to be on the property. This could apply if you are a tenant in a dispute with a landlord, or if you were on the property to repossess an item that legally belongs to you. Even if your belief was technically incorrect, its sincerity can be a powerful defense.

The “No Trespassing” Notice Was Improper

For charges related to entering a “posted” building or area, the Minnesota statute has very specific requirements for the signs used. If the property owner failed to meet these legal standards, the charge cannot be proven.

Improper Signage: The “No Trespassing” or warning signs were not the correct size (at least 8.5 by 11 inches in many cases), not placed in a conspicuous location, or not spaced at the required intervals. I can investigate the scene, take photographs, and argue that you were not given legally adequate notice.
Ambiguous Warnings: The language on the sign was unclear or did not effectively communicate that entry was forbidden. If a reasonable person would not have understood from the sign that they were barred from entry, the notice is insufficient.

You Were Forced to Trespass in an Emergency

The law recognizes that sometimes, violating a property law is necessary to prevent a greater harm. This is known as the “necessity” defense.

Emergency Situation: The statute for entering a dwelling specifically makes an exception for an emergency. If you entered someone’s home without permission to escape a dangerous situation, provide first aid to an injured person, or report a fire, your actions may be legally justified.
Avoiding Greater Harm: You were facing an imminent threat of significant bodily harm, and the only reasonable option to escape that danger was to enter the private property in question. For example, if you were being chased, running into a stranger’s backyard to get away could be a defensible act.

Minnesota Trespass FAQs — What You Need to Know Now

Will I go to jail for trespass in Minnesota?

It is possible. A misdemeanor conviction carries a maximum sentence of 90 days in jail, while a gross misdemeanor can lead to nearly a year behind bars. For a first-time offense, jail time is not guaranteed and often depends on the circumstances and the quality of your defense. An effective attorney can argue for alternatives like fines, probation, or a dismissal.

Can a trespass charge be dismissed?

Absolutely. A trespass charge can be dismissed if there is insufficient evidence, if your constitutional rights were violated during the investigation, or if a strong legal defense shows the prosecutor that their case is too weak to win at trial. Often, I can negotiate a dismissal, sometimes in exchange for completing a diversion program, which keeps your record clean.

Do I need a lawyer for a trespass charge in Minneapolis or another Minnesota city?

Yes. While you have the right to represent yourself, it is a significant risk. The legal system is complex, and prosecutors are not on your side. Hiring an experienced criminal defense lawyer gives you the best chance of achieving a favorable outcome. I know the local courts in Minneapolis, St. Paul, and across the state, and I can navigate the system to protect your rights.

How long does a trespass charge stay on my record in Minnesota?

A conviction for trespassing is a criminal offense and will stay on your public record permanently unless you can get it expunged. A criminal record can be accessed by employers, landlords, and schools for years to come. Avoiding the conviction in the first place is the best strategy.

What if the property wasn’t posted with any signs?

In many cases, signs are not required. For example, if someone verbally tells you to leave their property, that is sufficient notice. However, for certain types of trespass, such as entering a construction site or agricultural land, the law requires specific posting. If the property was not properly posted in those situations, it is a strong defense.

I was just cutting across a parking lot. Can I really be charged?

Yes. If the parking lot is private property and you were told to leave by a security guard or owner, refusing to do so can constitute trespassing. If the property is posted as “No Trespassing” or “Patrons Only,” your presence could lead to a charge, especially if it’s a recurring issue.

What is the difference between criminal trespass and civil trespass?

Criminal trespass, which is what this article discusses, is a crime prosecuted by the state that can result in jail time and a criminal record. Civil trespass is a lawsuit brought by the property owner to recover monetary damages for any harm you caused to their property. You can potentially face both criminal and civil consequences for the same act.

What if I owned the property but was told to leave by a tenant?

This can be a complex situation. Generally, a tenant has the right to “quiet enjoyment” of their rented property, which includes the right to decide who can visit. Even as the owner, you must typically provide notice before entering a tenant’s dwelling. Entering without permission or refusing to leave when they ask could potentially lead to a trespass charge.

Can I be charged for trespassing at a public park or government building?

Yes. Even publicly owned property can have restrictions. If a park is closed after certain hours, or if you are in a restricted area of a government building, you can be charged with trespassing. The same applies if you are banned from a location and return.

The police officer didn’t see me trespass. Can they still arrest me?

Yes. For trespass on school property, the law specifically allows a peace officer to arrest someone if they have probable cause to believe a violation occurred within the preceding four hours, even if they didn’t witness it. In other cases, an officer can arrest you based on a credible report from a witness.

What should I do if I’m being questioned by the police for trespassing?

You should be polite, but you should never answer questions or explain your side of the story without an attorney present. You have the right to remain silent. Simply state, “I am exercising my right to remain silent, and I would like to speak with my lawyer.” Anything you say can and will be used against you.

I was banned from a store. What happens if I go back?

Returning to a store or any other property after receiving a “trespass notice” or being told not to return is a common way people are charged. The notice is often valid for a year or more. If you go back, even if you don’t cause any trouble, you can be arrested and charged with misdemeanor trespass.

Can a trespass charge affect my immigration status?

Yes. While a single misdemeanor trespass is not always a deportable offense, certain criminal convictions can have severe immigration consequences. It could be considered a crime of “moral turpitude” depending on the specifics, potentially affecting visa applications, green card status, or naturalization. It is critical to consult with a lawyer who understands these risks.

What is a “claim of right” defense?

This defense argues that you honestly believed you had a legal right to be on the property. For example, if you are a contractor hired to do work and the property owner suddenly revokes permission in the middle of the job, you might have a claim of right to be there to retrieve your tools.

Is it worth fighting a trespass charge in court?

For most people, the answer is a resounding yes. Pleading guilty to get it over with saddles you with a permanent criminal record that can cause problems for years. Fighting the charge provides the opportunity to get it dismissed or reduced, protecting your future and your reputation.

What a Trespass Conviction Could Mean for the Rest of Your Life

A trespass conviction is far more than a one-time penalty. It creates a permanent criminal record that follows you for years, casting a long shadow over many aspects of your life. The collateral consequences—the hidden penalties that aren’t part of the official court sentence—can be devastating. Understanding these long-term impacts, including the “life after a trespass conviction in Minnesota,” is essential to recognizing why a strong defense is so critical.

Your Criminal Record and Future Employment

Nearly every job application today asks the question: “Have you ever been convicted of a crime?” A misdemeanor or gross misdemeanor trespass conviction means you have to check “yes.” In a competitive job market, employers in cities like Maple Grove or Eagan often screen out applicants with any criminal history, no matter how minor it seems. The conviction can be a significant barrier to starting a new career, getting a promotion, or even keeping your current job if it requires a clean background check or professional license.

Loss of Housing and Educational Opportunities

Landlords, just like employers, run background checks. A trespass conviction on your record can cause a rental application to be denied, limiting your housing options in competitive markets like Minneapolis and St. Paul. Similarly, college and university applications often require disclosure of criminal convictions. A trespass charge could complicate your admission, prevent you from living in on-campus housing, or disqualify you from receiving certain types of financial aid, derailing your educational goals.

Impact on Firearm Rights

While a standard misdemeanor trespass conviction does not automatically result in a lifetime ban on firearms, it can create serious complications. If the trespass was related to an incident of domestic violence, you could face a federal firearm prohibition. Furthermore, a judge can order you to not possess firearms as a condition of your probation. Any future interaction with law enforcement will be viewed through the lens of your criminal history, potentially escalating routine encounters.

Immigration Consequences

For non-citizens, including green card holders and those on visas, any criminal conviction is a major red flag. A trespass conviction, depending on the underlying facts, could be deemed a Crime Involving Moral Turpitude (CIMT). A CIMT can make you ineligible for naturalization, lead to the revocation of your visa, or even place you in deportation proceedings. The stakes are incredibly high, and you must have a defense attorney who understands how to protect your immigration status.

Why You Need a Tough, Experienced Minnesota Trespass Attorney

When you are facing the power of the state’s prosecutors, with their vast resources and experience, you cannot afford to stand alone. You need a dedicated advocate in your corner, someone who will fight for you, challenge the evidence, and protect your future. Hiring a private Minnesota trespass defense attorney is the single most important step you can take to regain control of your situation.

The Advantage of a Dedicated Private Lawyer

Unlike an overworked public defender handling an overwhelming caseload, I devote the necessary time, energy, and resources to every single one of my clients. Your case will never be just another file on a massive pile. I will personally handle every aspect of your defense, from our first meeting to the final resolution in court. We will work together to build a strategy that is tailored to your specific circumstances and goals. I will answer your calls, explain your options clearly, and ensure you are an active participant in your own defense.

How Swift Action Can Change Everything

The moments after an arrest are critical. The sooner you hire a lawyer, the better your chances of a positive outcome. I can get to work immediately, preserving crucial evidence like surveillance footage before it’s erased, interviewing witnesses while their memories are still fresh, and examining the scene of the alleged incident. In many cases, I can contact the prosecutor before they even file a formal charge, presenting your side of the story and pointing out the weaknesses in their case. This early intervention can sometimes lead to the charges being dropped before they ever see a courtroom.

Deep Knowledge of Local Minnesota Court Systems

Every courthouse in Minnesota has its own way of doing things. The prosecutors in Hennepin County may have different priorities and tendencies than those in Ramsey County or Olmsted County. The judges in Duluth may have different sentencing philosophies than those in St. Cloud. I have represented clients across this state, and I understand the local legal landscape. This knowledge allows me to anticipate the prosecutor’s moves and tailor our courtroom strategy to the specific judge and jurisdiction we are in, giving you a crucial home-field advantage.

Building a Case That Gets Results

My objective is always to achieve the best possible result for you. For some clients, that means negotiating a complete dismissal of the charges. For others, it means securing a place in a diversion program that results in no conviction. In cases with strong evidence, it means negotiating a favorable plea agreement to a lesser offense to protect your record. And if the state refuses to be reasonable, I am always prepared to take your case to trial and fight for a “not guilty” verdict. I will explore every legal angle, from filing motions to suppress illegally obtained evidence to dismantling the credibility of the state’s witnesses on the stand. Your future is my priority, and I will fight relentlessly to protect it.

Facing Trespass Charges in Minnesota?