Legal Question in Civil Rights Law in Louisiana

Re: What's the different trespasses?

Dear LawGuru Friend,

For civil trespass the one whose property is trespassed upon has a right to sue the trespasser for damages for trespass. Just the fact that one trespasses on another's property gives rise in favor of the owner to a civil action for damages just for having his land trespassed upon, and the owner can also seek (sue for) and recover actual pecuniary damages for harm done to the property and its owner as a result of the trespass. As I understand the law of civil trespass, if you trespass on my land, even if I am not hurt in any way, you still owe me some money, just for violating my right to possession of my own property.

On the other hand, a criminal trespass simply gives rise to a prosecution brought in the name of the state against the trespasser (the defendant) in a criminal proceeding (prosecution) to have the defendant (trespasser) found guilty of the offense (crime) of trespass, and; upon conviction, the defendant can be fined or jailed, or both. There is more to it all than this, but his the basic answer to your question. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA