Criminal Trespass

Criminal trespass, according to the legal experts at Mountaineer Law Group, is the act of unlawfully entering or staying on someone else’s property, or making threats while on that property. Pennsylvania’s laws regarding this offense are quite broad, which can easily lead to misunderstandings and unexpected criminal charges for individuals who may not realize they are breaking the law.

Criminal Trespass Categories

In Pennsylvania, the specific charge a person faces depends entirely on the nature of the alleged trespassing. The law identifies four distinct categories. Let’s break them down:

1. Simple Trespassing

This charge applies when someone remains in a place with the specific intent to:

• Start fires on the property
• Threaten the owner, or make gestures/statements aimed at them
• Damage, deface, or vandalize the property

2. Agricultural Trespassing

This type of offense happens when a person enters land that is clearly marked or enclosed for farming or agricultural use. A Morgantown criminal lawyer notes that this charge applies if the person refuses to leave after being told to do so by the owner or an authority figure.

3. Defiant Trespassing

This occurs when an individual stays on a property despite receiving notice against doing so. Notification can come in various forms, such as:

• Posted signage
• Verbal warnings from someone on site
• Fences or other enclosures designed to keep people out
• Direct orders to leave from school officials, government personnel, or police officers

4. Trespassing into a Building

This involves knowingly entering or breaking into a building without permission. This can be achieved through sneaking, deception, or hiding within the structure.

Criminal Trespass Consequences

The penalties for trespassing can be severe and vary widely based on the circumstances. If the incident involves domestic violence or the offender has a prior history of trespassing, the punishment is likely to be harsher. Furthermore, violating a Protection From Abuse (PFA) order can lead to additional charges stacking on top of the trespassing offense.

For a conviction of simple trespass, you could face fines up to $300 and a jail sentence of up to 90 days.

If you are convicted of defiant trespass, the punishment depends on the classification of the misdemeanor. A skilled Morgantown DUI attorney will tell you that fines can reach $10,000, and prison time can last up to 5 years.

Felony trespassing carries even heavier penalties. A conviction here can result in fines up to $25,000 and a prison term extending up to 10 years.

Agricultural trespassing has its own specific set of penalties under the law. Fines range from $250 to $5,000, and jail terms can go up to two years depending on the level of the misdemeanor.

Criminal Trespass Examples

Many different scenarios can lead to a trespassing charge. These might include forcing your way into a residence, visiting someone without their knowledge, refusing to leave after being asked multiple times, or issuing threats while standing on another person’s land.

Criminal Trespass Defenses

Defending against these charges usually centers on proving that the accused did not intend to trespass or cause harm. The burden of proof lies with the prosecutor to show intent. However, these cases can be difficult to navigate, particularly if they involve domestic violence or a PFA violation.

Because a conviction can negatively impact your employment, divorce proceedings, custody battles, and educational prospects, it is vital to have strong legal representation. If you are facing charges in Berks County, you need a Morgantown criminal lawyer dedicated to defending your rights. Contact Mountaineer Law Group today at (304) 381-3656 to ensure your future is protected.