Criminal Trespassing Lawyer in Gulfport, Mississippi

Facing a criminal trespassing charge in Mississippi can be stressful and confusing. Whether you received a citation after a misunderstanding, or you are looking at a serious felony trespassing allegation, the consequences can follow you for years. At Holleman Law Firm, PLLC in Gulfport, Mississippi, attorney Mike Holleman brings more than four decades of legal knowledge to every criminal defense case. When you need a Gulfport trespass lawyer who will fight for your rights with genuine care, look no further.

Charged with Trespassing? Do Not Wait.

A criminal trespass conviction can result in jail time, fines, and a permanent record. Attorney Mike Holleman is ready to review your case today.

Call (228) 868-0064 for a Free Consultation

What Is Criminal Trespassing?

Criminal trespassing occurs when a person intentionally enters or remains on someone else’s property without permission or after being told to leave. Unlike simple civil trespass, a criminal trespassing charge means the state of Mississippi is treating the entry as a crime subject to fines, imprisonment, or both.

Mississippi Code Section 97-17-97 governs criminal trespass in the state. Under this statute, a person commits the offense when they willfully and unlawfully enter the lands or premises of another after having been forbidden to do so, either verbally or through posted signs.

What Is the Difference Between Civil and Criminal Trespass?

Civil trespass is a private dispute between a property owner and a person who enters without permission. The property owner may sue for damages in civil court. Criminal trespass, on the other hand, is prosecuted by the state. Even if the property owner chooses not to pursue a civil claim, prosecutors can still bring trespassing charges against you. A Gulfport trespass attorney can help you understand which type of case you are facing and what your options are.

Is Trespassing a Crime in Mississippi?

Yes, trespassing is a crime in Mississippi. Many people assume that walking onto someone else’s property is only a minor civil matter, but that is not the case under Mississippi law. Once a criminal trespass charge is filed, you face potential criminal penalties including fines and possible jail time.

The seriousness of the offense depends on the circumstances, including whether force was used, whether the property was marked with “No Trespassing” signs, and whether the accused had previously been warned to stay off the property.

Can You Go to Jail for Trespassing?

Yes. In Mississippi, a conviction on a standard criminal trespass charge can result in up to one year in jail and fines. Repeat offenses and aggravated circumstances can lead to significantly longer sentences. If you are asking yourself whether trespassing is a crime worth taking seriously, the answer is absolutely yes. Reaching out to a trespassing lawyer in Gulfport as soon as possible gives you the best chance of protecting your freedom and your record.

Understanding Trespassing Charges in Mississippi

Trespassing charges in Mississippi can arise in many different situations. Some of the most common scenarios that lead to a criminal trespass charge include:

• Entering private farmland or hunting land after being told not to.
• Remaining in a business, park, or government building after being asked to leave.
• Entering a former partner’s property after a restraining order has been issued.
• Going onto a neighbor’s property after a dispute and formal warning.
• Accessing construction sites, fenced industrial areas, or utility property.
• Entering a school or government building without authorization.

No matter how the trespassing charge arose, you deserve a fair defense. Attorney Mike Holleman will review the facts of your case, examine the evidence against you, and develop a strategy focused on your best outcome.

What Are Common Defenses Against Trespassing Charges?

There are several defenses that may apply to your case, depending on the circumstances:

• You had permission to be on the property at the time of the alleged trespass.
• The property was not properly marked or posted with “No Trespassing” notices.
• You were not given adequate notice that you were forbidden from entering.
• You entered the property due to necessity, such as to avoid imminent harm.
• The identification of you as the person who entered was mistaken or unreliable.
• The charges stem from a civil dispute that has been improperly escalated to a criminal matter.

These defenses can be complex. Our experienced Gulfport trespass attorney will help you understand which defenses apply to your specific situation.

Facing Trespassing Charges? Speak With Attorney Mike Holleman Today.

Over 40 years of criminal defense and personal injury experience in South Mississippi. Personalized attention. Compassionate counsel.

Call (228) 868-0064 for a Free Consultation

What Is Felony Trespassing?

While most trespassing offenses in Mississippi are misdemeanors, felony trespassing is a more serious charge that carries substantially greater penalties. Certain aggravating factors can elevate a standard criminal trespass charge to felony status.

Felony trespassing charges may arise in cases involving:

• Trespass with the intent to commit another crime on the property, such as theft or assault.
• Trespassing on critical infrastructure, such as power plants, water treatment facilities, or railroads.
• Repeat trespass offenses after prior criminal convictions.
• Trespass that occurs in conjunction with burglary or breaking and entering.
• Entry onto school property with a prior sex offense on record.

A felony trespassing conviction can mean multiple years in state prison, heavy fines, loss of voting rights, and lasting damage to your ability to find employment or housing. If you are facing a felony trespassing charge, it is absolutely critical to have a trespassing attorney on your side from the very beginning.

How Is Felony Trespassing Different From Misdemeanor Trespassing?

The key difference is the severity of the penalties and the long-term consequences. A misdemeanor trespassing conviction may result in a fine and a short jail sentence. A felony trespassing conviction results in a state prison sentence, a permanent felony record, and collateral consequences that can affect your entire future. Attorney Mike Holleman will work aggressively to reduce or dismiss the charges against you whenever possible.

The Consequences of a Criminal Trespassing Conviction

Many people underestimate how damaging a criminal trespassing conviction can be. Even a misdemeanor conviction can have ripple effects that impact multiple areas of your life. Potential consequences include:

• Jail or prison time.
• Significant fines and court costs.
• A permanent criminal record visible to employers, landlords, and licensing boards.
• Difficulty obtaining professional licenses in Mississippi.
• Problems securing housing or rental agreements.
• Negative impact on child custody proceedings.
• Immigration consequences for non-citizens.

These are not abstract possibilities. They are real-world outcomes that our clients have faced. That is why Mike Holleman approaches every criminal trespassing case with the same level of care and determination he brings to his most serious personal injury and wrongful death matters.

Will a Trespassing Conviction Show Up on a Background Check?

Yes. In Mississippi, criminal trespassing convictions, including misdemeanor convictions, typically appear on standard background checks. Employers, landlords, and licensing agencies can all see this information. If you want to protect your record, you need an experienced Gulfport trespass lawyer working to minimize or eliminate the charges before a conviction is entered.

Why Choose Mike Holleman as Your Gulfport Trespass Lawyer?

When you are facing a criminal trespassing charge, you need an attorney who takes your case personally. Mike Holleman graduated magna cum laude from the University of Mississippi School of Law, finishing second in his class, and was admitted to the Mississippi Bar in 1981. For over 40 years, he has represented the people of Gulfport, Biloxi, Ocean Springs, Bay St. Louis, Pascagoula, and the surrounding communities of South Mississippi.

Mike’s passion for the law was shaped from a young age by watching his father, legendary South Mississippi attorney Boyce Holleman, argue cases and speak about the Rule of Law and justice. Boyce served as District Attorney for South Mississippi from 1953 to 1972 and became one of the most recognized trial attorneys in the country. The values Boyce modeled, including empathy, compassion, a sense of justice, and genuine mercy, are the same values Mike brings to every client and every case.

Mike is also deeply invested in the Mississippi legal community. He has served on the Committee for The Mississippi Bar Lawyers and Judges Assistance Program (MLJAP) since 2004, including as Chairman from 2009 to 2011. He has also served on the Criminal Law Committee and the Board of Bar Commissioners for The Mississippi Bar.

What Should I Look for in a Trespassing Attorney in Gulfport?

You should look for an attorney who has genuine courtroom experience, a deep understanding of Mississippi criminal law, and a personal commitment to your case. Mike Holleman has all three. He does not hand your case off to a junior associate. When you hire Mike Holleman, you get Mike Holleman. You will know your case is getting the experienced attention it deserves, and you will know he has his heart in your case and your recovery.

What to Do if You Are Charged With Criminal Trespass in Mississippi

If you have been cited or arrested for criminal trespassing, the steps you take in the hours and days that follow can significantly affect the outcome of your case. Here is what you should do:

1. Stay calm and do not resist. Resisting or arguing with law enforcement will only make your situation worse.
2. Exercise your right to remain silent. Do not make any statements to police without an attorney present. Anything you say can be used against you.
3. Write down everything you remember. Note the date, time, location, what was said, whether the property was marked, and any witnesses who were present.
4. Gather any evidence of permission. If you had verbal or written permission to be on the property, document it.
5. Contact a trespassing lawyer immediately. The sooner you have legal counsel, the better your chances of achieving a favorable outcome.

Should I Plead Guilty to a Criminal Trespassing Charge?

No, not without first speaking to a trespassing lawyer. Many people believe a trespassing charge is minor and choose to plead guilty to get it over with quickly. This is a serious mistake. A conviction, even for a misdemeanor, creates a permanent record and can have lasting consequences. Attorney Mike Holleman can review the facts of your case and advise you on whether there are grounds to have the charges reduced, dismissed, or taken to trial.

Serving Gulfport and All of South Mississippi – Free Consultation

Holleman Law Firm, PLLC proudly serves clients throughout Harrison County, Jackson County, Hancock County, and the surrounding areas of South Mississippi. Whether you are in Gulfport, Biloxi, Ocean Springs, Long Beach, Pass Christian, Waveland, Bay St. Louis, or Pascagoula, Mike Holleman is ready to help with your criminal trespassing charge.

Do I Need a Local Attorney for a Trespassing Case in Gulfport?

Yes, having a local trespassing attorney matters. Mississippi criminal law has nuances specific to the state, and a locally established attorney knows the prosecutors, courts, and judges in your jurisdiction. Mike Holleman has been practicing law in Gulfport since 1981. That depth of local knowledge can make a meaningful difference in how your case is handled.

Ready to Defend Your Rights? Contact Holleman Law Firm, PLLC Today.

Do not face a criminal trespassing charge alone. Attorney Mike Holleman offers a free consultation to residents of Gulfport and South Mississippi. We will listen to your story and give you honest guidance on your next steps.

Call (228) 868-0064 for a Free Consultation