Breaking into someone else’s property and remaining too long in the property and posing threat can be considered as criminal trespassing. Given the broad spectrum of the law in Pennsylvania, at times, mere misunderstanding between two parties can result in criminal charges. And that is why getting in touch with a Pittsburgh domestic violence lawyer can be the right call.
As per Pennsylvania law, there are three categories of trespassing charges.Trespassing into a Building
Trespassing is defined by the law under 18 Pa. C.S.A. § 3503. This means if a person intentionally and without any privilege,
- Enters by subterfuge or surreptitiously remains in an occupied building
- Breaks into a building
While the first one is a third degree felony, the second one is a second degree felony.Defiant Trespasser
This type of trespasser will remain in the building even after they were given notice to immediately leave the place.
- They have got verbal notification
- They have been communicated about leaving the premises of the school or anyplace by a law enforcement officer or school official
- They have postage signage
- They are using fencing or other enclosures within the premises
While this is generally considered to be a third degree misdemeanor, getting a warning from any officials will turn it into a first degree misdemeanor.Simple Trespasser
A simple trespasser is someone who stays in one place and does the following things:
- Making threatening acts or saying things or gesturing toward the owner of the establishment.
- To become the reason for fire in the premises
- To damage and vandalize in a premises
This is considered to be a summary offense.Agricultural Trespasser
This is generally the trespasser who does the following things:
- Trespassing within an enclosed agricultural land
- Remaining within the agricultural land even after being asked to leave the premises
While this is a third degree misdemeanor, if the trespasser stays in the land even after being told to leave, it will be considered as a second degree misdemeanor.Penalties for Criminal Trespassing Charges
Criminal trespassing can have various charges so far. The penalties will get increased if, with trespassing, domestic violence charges get involved. The charges can be severe if the defendant has a PFA order issued against them.
Trespassing can be a third degree or second degree felony. In the case of third degree felony, you will get 7 years of jail time and a fine of up to $15,000. For a second degree felony, it will be a 10 years of imprisonment and fine up to $25,000.
In the case of defiant trespassing, it will be a first or third degree misdemeanor. While the first degree misdemeanor will get 5 years of jail time and a fine up to $10,000, a third degree misdemeanor will get one year of jail time and fine of $2000.
In the case of agricultural trespassing, there are some definite penalties:
- For standard trespassing, you will get one year of jail time and fine not less than $250 which is a third degree misdemeanor.
- For a second degree misdemeanor, you will get jail time not more than two years and a fine not less than $500.
Come to Logue Law Group, where we can discuss about your case and ensure that our Pittsburgh domestic violence lawyer helps you get the rightful justice you deserve. For more details, give us a call today.