From my understanding, the most anyone gets for trespassing is a misdemeanor charge. However, lets say that I have enclosed my property with bamboo and an electric fence and the only entrance into the property would be a gate which would be locked. The property would also be posted on all sides with no trespassing signs. Now, if someone were to still come onto my property, would that be considered breaking and entering on top of trespassing? They would either have to climb over the electric fence and through the bamboo (which would damage the bamboo since it's grows so thickly) or climb on my gate.
Answers:
If you are seeking compensation, they don't have to damage anything to be guilty of trespass, but you wont recover anything. If they damage, they are liable for the damage. Trespass is trespass. If they destroy something while there (i.e. your car), it may elevate it to conversion, but otherwise - still trespass.
Breaking and entering is a criminal matter - if you're asking whether they'd be guilty of burglary, the answer is no. They'd actually have to enter a building or structure, with the intent to commit a crime (other than entering).
no it would still be just trespassing but it might elevate it to menacing
Trespassing assumes that access is not restricted by any barrier. Once a fence or gate is breached, then the charge becomes breaking and entering.that is from a criminal standpoint
The criminal courts seldom take "damages" into consideration.that would be a matter for civil courts.
you have to take into account what the intention of the person was who has entered your property, if it was a child who was trying to get back a ball that had been kicked over your fence, then he will not be done for breaking and entering if he just claimed over your fence, if he got an Axe and smashed his way in, then he would be done for criminal damage, it really depends on the case at the time
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