Criminal Trespass

Criminal trespass is when someone illegally enters or stays on another person’s property. This can also include making threats while on the property. The laws surrounding criminal trespass in Ohio can be complex, often leading to misunderstandings and criminal charges.

Categories of Criminal Trespass

In Ohio, the specific trespass charge a person faces depends on the nature of the alleged offense. The state identifies four main categories of trespassing. Let’s look at these in more detail.

Simple Trespassing

This offense involves being on a property with the intention to:

• Start a fire.
• Threaten the property owner with words, actions, or gestures.
• Vandalize, deface, or otherwise damage the property.

If you are facing such charges, it is wise to consult a Steubenville criminal lawyer to understand your rights.

Agricultural Trespassing

This type of trespass happens when someone enters land that is clearly marked or enclosed for agricultural use. If they are told to leave by the owner or an authorized person and they fail to do so, they may be charged with agricultural trespassing.

Defiant Trespassing

This occurs when a person remains on a property after being told to leave. Notification can be given in several ways, including:

• Posted signs indicating no trespassing.
• Verbal warnings from anyone on the property.
• Fences, gates, or other enclosures that mark the property boundary.
• Direct orders to vacate from school officials, government facility staff, or law enforcement officers.

Trespassing into a Building

This offense involves knowingly entering or breaking into a building without permission. This can be done through deception, by sneaking in, or by hiding inside the premises. An experienced Steubenville DUI attorney can provide guidance on charges related to unauthorized entry.

Consequences of Criminal Trespass

Trespassing can result in serious consequences, which can be heightened in certain situations. For example, if the offense is linked to domestic violence or if the individual has a prior history of trespassing, the penalties can be more severe. If a protection from abuse (PFA) order is in place against the individual, additional charges may be filed alongside the trespassing offense.

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

The punishment for a defiant trespass conviction depends on its misdemeanor classification. Fines can reach as high as $10,000, with potential prison sentences of up to 5 years. A Steubenville criminal lawyer can help navigate these complexities.

Felony trespassing penalties are determined by the degree of the felony. A conviction could lead to fines of up to $25,000 and a prison term of up to 10 years.

Agricultural trespassing has its own set of penalties outlined by law, which are based on the misdemeanor level. Fines can range from $250 to $5,000, and jail sentences can be as long as two years. A seasoned Steubenville DUI attorney can offer crucial advice in these cases.

Examples of Criminal Trespass

Many different actions can lead to criminal trespass charges. Common examples include forcibly entering someone’s home, visiting a person’s property without their knowledge, refusing to leave after being asked multiple times, or making threats while on someone else’s property.

Defenses for Criminal Trespass

Defending against a criminal trespass charge often involves proving that the accused person did not intend to cause harm or illegally trespass. The prosecution must demonstrate that the individual had the intent to cause trouble. However, mounting a defense can be difficult, particularly if the charge is connected to a domestic violence incident or a PFA violation. Given the potential for a conviction to negatively affect custody arrangements, divorce cases, employment, and educational prospects, it is essential for anyone facing these charges to get help from a dedicated Steubenville criminal lawyer. Call 844.PITT.DUI today to speak with an experienced attorney who can help protect your rights and future.