Criminal Trespass

Criminal trespass is a serious offense under Pennsylvania law. According to Sean Logue, an experienced criminal lawyer, criminal trespass involves unlawfully entering or remaining on someone else’s property. It may also include making threats while present on another individual’s premises. Pennsylvania has comprehensive laws governing criminal trespass, which can sometimes lead to misunderstandings and unwarranted charges.

Criminal Trespass Categories

The charges for criminal trespass in Pennsylvania depend on the type of offense committed. There are four primary categories of trespassing in the state. Here’s a detailed breakdown:

1. Simple Trespass

Simple trespass occurs when someone remains on a property with the intent to:

• Start a fire.
• Make threats or engage in gestures aimed at intimidating the property owner.
• Vandalize, deface, or cause damage to the premises.

2. Agricultural Trespass

Agricultural trespass is specific to entering clearly marked or enclosed land used for farming without permission. This offense also occurs when individuals fail to immediately leave after being instructed to do so by the property owner or a person in authority. An Indiana PA DUI attorney familiar with local laws can help defend against these allegations.

3. Defiant Trespass

This type of trespassing happens when someone deliberately stays on a property despite being explicitly notified to leave. Notifications can include:

• Signs posted on the property.
• Verbal warnings from someone present.
• Fences or other physical enclosures indicating restricted access.
• Orders to leave from figures of authority, including school officials, law enforcement personnel, or government facility employees.

Legal representation from an experienced Indiana PA criminal lawyer can make a significant difference in the outcome of a defiant trespass case.

4. Trespass into a Building

This involves knowingly entering or breaking into a building without the owner’s consent. It can include deceptive tactics, sneaking in, or hiding within the building.

Consequences of Criminal Trespass

The penalties for criminal trespassing can vary based on the specific circumstances of the case. Factors such as a history of trespassing, domestic violence connections, or violations of a protection from abuse (PFA) order can lead to harsher consequences. A knowledgeable Indiana PA criminal lawyer can review your case details and work to minimize potential penalties or get charges reduced or dismissed.

Penalties Based on Offense

Simple Trespassing

• Fines up to $300.
• Jail time of up to 90 days.

Defiant Trespassing

• Punishments differ depending on misdemeanor classifications.
• Fines as high as $10,000.
• Prison sentences reaching 5 years.

Trespassing with Felony Charges

• Fines up to $25,000.
• Prison terms of up to 10 years.

Agricultural Trespassing

• Penalties vary depending on misdemeanor levels.
• Fines ranging between $250 and $5,000.
• Potential jail terms extending to 2 years.

Understanding the severity of these consequences highlights the importance of seeking guidance from a professional Indiana PA DUI attorney.

Examples of Criminal Trespass

Here are common scenarios that may lead to criminal trespass charges:

• Forcibly entering someone’s home.
• Visiting another person’s premises without prior permission.
• Refusing to vacate a property after repeated requests.
• Making verbal or physical threats while on another person’s property.

Each instance underscores the need for permission and respecting others’ property rights.

Defending Against Criminal Trespass Charges

Building a strong defense against criminal trespass charges involves demonstrating that the alleged offender had no intention of causing harm or trespassing. Indiana PA criminal lawyers focus on proving that the action was unintentional and that the prosecutor’s claims fail to establish malicious intent.

However, defending such cases becomes more challenging if tied to underlying issues like domestic violence or a PFA violation. A conviction can jeopardize custody arrangements, divorce proceedings, employment, and even educational opportunities. These high stakes make it essential to consult with a dedicated professional, such as Sean Logue.

Why Hire a Professional Indiana PA Criminal Lawyer?

Facing criminal trespass charges can have long-lasting consequences that significantly disrupt your life. Entrusting your case to an experienced DUI attorney ensures your rights are aggressively protected. Whether you need assistance navigating the complexities of PA law or a strong defense strategy tailored to your unique situation, Sean Logue can help.

Contact Indiana PA DUI attorney Sean Logue & Associates at (844) PITT-DUI to schedule a consultation and safeguard your future.