Criminal Trespass

According to Erie criminal lawyer Sean Logue of the Logue Law Group, criminal trespass is defined as unlawfully entering or remaining on someone else’s property. Additionally, making any sort of threat while on someone’s premises falls under this offense. Given that criminal trespass laws in Pennsylvania are intricate, misunderstandings often arise, leading to legal complications and potential charges.

Criminal Trespass Categories

The trespassing charge you could face in Erie County depends on the specific type of trespassing you allegedly committed. Pennsylvania recognizes four key categories of trespassing, each tied to varying circumstances and penalties. Here’s a detailed look at each:

1. Simple Trespassing

This refers to staying on a property with the intent to:

• Start a fire on the grounds.
• Engage in actions, gestures, or statements deemed threatening to the property owner.
• Vandalize, damage, or deface the property itself.

2. Agricultural Trespassing

Agricultural trespass occurs when someone enters clearly marked or enclosed farmland and refuses to leave despite direct instructions to do so by the owner, manager, or someone in authority.

3. Defiant Trespassing

This type involves refusing to vacate after receiving clear instructions or indications. Specific examples include:

• Ignoring prominently posted signs.
• Disregarding verbal warnings from people present on the property.
• Breaching fences or similar structures that enclose the area.
• Disobeying orders from school or government facility staff, law enforcement, or other authorized personnel.

4. Trespassing into a Building

This involves knowingly entering a building without permission, often through methods like lying, sneaking in, or concealing oneself inside the structure.

Criminal Trespass Consequences

The penalties tied to criminal trespass can range widely depending on the severity of the offense. Factors like domestic violence-related trespassing or violations of a Protection From Abuse (PFA) order can result in compounded charges.

Below is a breakdown of potential consequences:

• Simple Trespass: Convictions can lead to fines up to $300 and jail sentences of up to 90 days.
• Defiant Trespass: Depending on the misdemeanor degree, fines can rise to $10,000, and incarceration may last for up to 5 years.
• Felony Trespass (varying degrees): If the trespassing is classified as a felony, offenders face fines of up to $25,000 and prison terms reaching up to 10 years.
• Agricultural Trespass: Penalties are tied to the misdemeanor classification, ranging from $250 to $5,000 in fines, with possible jail time reaching 2 years.

Expert guidance from an Erie DUI lawyer is critical when navigating these serious charges.

Examples of Criminal Trespass

Common situations leading to criminal trespass charges include:

• Forcible entry into another person’s home.
• Visiting someone’s property without notification or permission.
• Refusing to leave premises after being asked multiple times.
• Issuing threats or creating disturbances while on someone’s property.

Defenses Against Criminal Trespass Charges

Defending against criminal trespass charges often centers on proving a lack of intention to cause harm or trespass in the first place. Prosecutors must demonstrate that the accused deliberately intended to disrupt or threaten. However, mounting a defense can become particularly complex in cases tied to domestic violence or PFA violations.

Keeping charges like these off your record often requires the expertise of an Erie criminal lawyer who will prioritize safeguarding your rights.

Why Seek Help from Logue Law Group?

Facing criminal trespassing charges can cast a long shadow over different aspects of life, from employment to family dynamics. Consulting a professional, such as an Erie DUI lawyer, is key to protecting your rights and future. The Logue Law Group specializes in offering robust legal defenses for individuals in Erie County.

If you or someone you know has been charged with trespassing, contact Sean Logue and the Logue Law Group today to discuss your case. Call (844) PITT-DUI for a consultation and take the first step toward a strong legal defense.