Criminal Trespass

According to lawyer Sean Logue, criminal trespass involves unlawfully entering or remaining on someone else’s property or making threats while on their premises. Pennsylvania’s trespassing laws are complex and detailed, often leading to misunderstandings that can result in criminal charges.

Criminal Trespass Categories

The type of trespassing charge an individual faces in Pennsylvania depends on the nature of the alleged offense. There are four main categories under Pennsylvania law, which we’ll outline below. So, if you have been charged with any of the above actions, stop waiting and consult a New Castle DUI attorney right away.

Simple Trespassing

This form of trespass involves staying on a property with the intention to:

• Ignite fires on the property
• Make threats, statements, or gestures targeting the owner
• Damage, deface, or vandalize property

Agricultural Trespassing

This occurs when one enters clearly marked or enclosed agricultural land and fails to leave upon being instructed by the property owner or an authorized individual.

Defiant Trespassing

Defiant trespassing refers to individuals who continue to occupy a property despite explicit warnings. These warnings can take various forms, such as:

• Posted signs
• Verbal instruction to vacate the premises
• Presence of fences or clearly marked boundaries
• Direct orders from school officials, law enforcement, or authorized personnel at city or federal facilities

Trespassing into a Building

Entering or breaking into a building without consent falls under this category. This could entail deceiving, sneaking, or hiding within the premises to gain unauthorized access.

Consequences of Criminal Trespass

The repercussions for criminal trespass can vary significantly depending on the circumstances, such as whether domestic violence is involved or if the individual has a prior record of similar offenses. Violations of protection from abuse (PFA) orders can amplify the charges. So, if you have been charged with any of the above actions, stop waiting and consult a New Castle criminal lawyer right away.

• Simple Trespass: Convictions may result in fines up to $300 and jail sentences of up to 90 days.
• Defiant Trespass: Punishments differ based on the misdemeanor classification, with fines reaching up to $10,000 and imprisonment for as long as 5 years.
• Felony Trespass: Severe felonies can lead to fines as high as $25,000 and prison terms of 10 years.
• Agricultural Trespass: Penalties for agricultural trespassing depend on the level of the misdemeanor, with fines ranging from $250 to $5,000 and jail sentences extending up to 2 years.

Examples of Criminal Trespass

Criminal trespass charges can arise from a variety of situations, including:

• Forcibly entering someone’s residence
• Visitation without prior notice and consent
• Refusing to leave a location after being repeatedly asked
• Issuing threats while unlawfully occupying a property

If you have been charged with criminal trespass or something related to criminal activity it’s best to have a New Castle DUI attorney by your side to craft a robust defense strategy.

Defenses for Criminal Trespass

Effective defenses against criminal trespass allegations often focus on disproving intent. The prosecution must demonstrate that the accused intended to unlawfully enter or remain on the property to cause harm or disrupt the peace.

However, building a strong case can be challenging, especially when trespass charges are tied to contexts like domestic violence incidents or violations of protection from abuse orders.

Given that criminal trespass charges can have significant repercussions on child custody, divorce proceedings, employment opportunities, and educational access, it is vital to work with a New Castle criminal lawyer dedicated to safeguarding your rights.

Contact a Trusted Advocate

If you find yourself facing criminal trespass charges, turn to Sean Logue, an experienced New Castle DUI attorney, for expert legal guidance. Sean and his Logue Law Group have extensive experience defending clients in these types of cases. Call (844) PITT-DUI today for a free consultation to protect your rights and secure your future.