Pennsylvania Trespassing Law Firm: Protect Your Rights
Inching closer to anyone’s property, you’re bound to see signs warning you not to trespass. However, not all property owners put up this sign, which leads to people unwittingly entering the property. They think it was accessible, unaware that they just trespassed onto private property.
Criminal charges of trespassing cover a wide range of situations. The charges differ but include fines, a criminal record, and jail time. An experienced Pittsburgh criminal lawyer might be able to reduce the punishment. Let’s take a closer look.
A Brief Overview of Criminal Trespass in Pennsylvania (PA)
In PA, criminal trespass is committed if
- You do it knowing you don’t have the privilege to do so
- You do it knowing you’re unlicensed to do so
- You enter an occupied structure or building by gaining entry or breaking in through surreptitious means or subterfuge
You can be charged if you gain entrance when you’re not supposed to. This can happen in the following ways:
- Breaking in by intimidation, force, unauthorized opening of locks, or via openings not designed for human entrance.
- Sneaking in.
- You enter a property and stay, even when you’re told not to do so, or you ignore fencing and signs.
- You terrorize or threaten the occupant or owner of the premises.
- You gain access to become the cause or start a fire.
- You trespass intended to damage or deface the premises.
The charges for criminal trespass can vary from a misdemeanor to a felony to a summary offense depending on the circumstances.
The Difference Between Defiant Trespass vs Criminal Trespass
Both charges are involved with unauthorized entry. However, PA law treats both charges differently in terms of severity and intent.
Criminal Trespass is usually the more severe offense. It involves using stealth, force, or deception to unlawfully enter a structure or building with full awareness that you are unallowed. It might result in felony charges, particularly if threats or damages are involved.
On the other hand, Defiant Trespass refers to entering or staying on property after being told not to. This commonly includes:
- Disregarding signs
- Entering walled-off or fenced property, designed to keep people out
- Ignoring the owner’s verbal warning
Defiant trespass is usually a misdemeanor or summary offense. However, it can still lead to criminal charges, jail time, and fines in certain cases.
To form the appropriate defense strategy, it’s important to know which type of trespass charge you are facing. An experienced Pittsburgh criminal lawyer is useful in explaining the difference, evaluating the situation, and fighting for the best outcome.
How a Criminal Lawyer Can Defend You
Three main defenses are viable for criminal charges of trespassing:
- You thought it was an abandoned building.
- You believed the premises were open to the public; thus, you were behaving lawfully.
- You believed, with justification, that the property owner or authorized person should have allowed you to enter or stay.
Firstly, your Pittsburgh criminal lawyer will make every effort to evaluate evidence and discredit it if not in your favor. However, how much your lawyer can help you will rely on the precise conditions of your case.
You might have thought it was an abandoned building, or that it was open to the public. In this case, your Pittsburgh criminal lawyer will gather the witnesses or evidence to support you. Your lawyer will do the same if you had believed you had the permission to enter.
Your Pittsburgh criminal lawyer will be looking at each helpful avenue, so you must provide them with all the information that supports your case.
If you’re up against charges of criminal trespassing, even before your first hearing, a determined prosecutor can undo the case. You need an experienced Pittsburgh criminal lawyer from Logue Law Group on your side. So, reach out to us at sean@seanloguelaw.com today.