Criminal Trespass

According to attorney Sean Logue, criminal trespass is defined as entering or staying on someone else’s property without permission, or making threats while on their property. The trespassing laws in Pennsylvania are quite intricate and specific, which can sometimes lead to confusion and result in criminal charges for those who are unaware.

Criminal Trespass Categories

The specific type of trespassing charge a person might face in Pennsylvania is determined by the details of the alleged offense. There are four primary categories established under Pennsylvania law, which are explained below. If you have been charged with any of these actions, it is crucial to consult with a Johnstown criminal attorney immediately.

Simple Trespassing

This type of trespass involves remaining on a property with the intent to:

• Start a fire on the premises
• Make threats or use intimidating language or gestures toward the owner
• Cause damage to, deface, or vandalize the property

Agricultural Trespassing

This offense happens when an individual enters agricultural land that is clearly marked or enclosed and does not leave when asked by the property owner or another authorized person.

Defiant Trespassing

Defiant trespassing applies to individuals who stay on a property after receiving explicit warnings to leave. These warnings can be communicated in several ways, including:

• Posted signs indicating no trespassing
• A verbal command to vacate the property
• The presence of fences or other clearly marked boundaries
• Direct orders from officials at schools, law enforcement officers, or authorized personnel at city or federal buildings

If you’re facing such charges, a Johnstown federal lawyer can provide essential legal guidance.

Trespassing into a Building

This category covers entering or breaking into a building without permission. This can involve using deception, sneaking, or hiding inside the property to gain unauthorized entry.

Consequences of Criminal Trespass

The penalties for criminal trespass can differ greatly based on the specifics of the situation, such as whether domestic violence was a factor or if the individual has a criminal record with similar offenses. Breaching a protection-from-abuse (PFA) order can escalate the severity of the charges. If you have been charged, seeking advice from a Johnstown criminal attorney is a critical step.

• Simple Trespass: A conviction can lead to fines of up to $300 and a jail sentence of up to 90 days.
• Defiant Trespass: Punishments vary depending on the misdemeanor classification, with potential fines reaching $10,000 and imprisonment for up to 5 years.
• Felony Trespass: The most severe felonies can result in fines as high as $25,000 and prison sentences of up to 10 years.
• Agricultural Trespass: The penalties are based on the misdemeanor level, with fines ranging from $250 to $5,000 and jail time of up to 2 years.

Examples of Criminal Trespass

Criminal trespass charges can stem from numerous scenarios, such as:

• Forcibly entering another person’s home
• Visiting a property without getting prior notice and permission
• Refusing to leave a property after being told to do so multiple times
• Making threats while unlawfully on someone else’s property

If you have been charged with criminal trespass or a related offense, having a Johnstown criminal attorney on your side is essential for building a strong defense strategy.

Defenses for Criminal Trespass

A solid defense against criminal trespass charges often revolves around challenging the element of intent. The prosecution is required to prove beyond a reasonable doubt that the accused person intended to unlawfully enter or stay on the property to cause harm or disturb the peace.

However, constructing a successful defense can be complicated, particularly when trespass charges are connected to domestic violence incidents or violations of PFA orders. Given that these charges can have a major impact on child custody, divorce cases, employment, and educational opportunities, it is vital to work with a Johnstown federal lawyer who is committed to protecting your rights.

Contact a Trusted Advocate

If you are facing criminal trespass charges, reach out to Sean Logue, an experienced Johnstown criminal attorney, for professional legal counsel. Sean and his team at Logue Law Group have a wealth of experience defending clients against these types of charges. Call (844) PITT-DUI today for a complimentary consultation to protect your rights and secure your future. A knowledgeable Johnstown federal lawyer can make all the difference.