Trespassing Charges Dismissed: The Tale of an Unauthorized Visit to Linfield Industrial Park
We at the Logue Law Group recently handled a case where an excursion trip went awry for one of our clients. So much so that the 19-year-old was about to face defiant trespassing charges for getting into the abandoned premises of Linfield Industrial Park.
What happened was that our client was there in Limerick, PA, for an excursion trip from college. And being a photographer by passion, he got really intrigued to click some pictures of the ruins inside the vast campus. However, his photo sessions were interrupted by some local cops, who charged our client with defiant trespassing.
Now, trespassing is quite a serious charge and carries severe penalties. But our client was smart enough to ask for a Pittsburgh criminal lawyer, and that made all the difference.
What are the Charges and Penalties?
Sometimes, we think trespassing is a crime of an innocent sort. And for that reason, we often expect minimal charges for the crime! But, Pennsylvania law actually recognizes several distinct grades of trespass, and the severity of the charges increases with your intent!
Let’s take a closer look.
The least severe charge is simple trespassing. This happens when someone enters private property without permission, but doesn’t cause any damage to the premises. Simple trespassing is a summary offense, and penalties for this offense include fines. However, repeat offenders might face up to 3 months of imprisonment!
A far more severe charge than simple trespassing is defiant trespassing. This is a third-degree misdemeanor. A ‘defiant trespass’ means the offender must enter or remain on the property despite a clear warning against entry. Penalties for a third-degree misdemeanor include up to one year of imprisonment and thousands of dollars in fines.
Understanding these specific grades is important for building a successful defense. And that is exactly where the specialized knowledge of a seasoned Pittsburgh criminal lawyer becomes invaluable. They can meticulously review the facts to ensure the correct offense grade is challenged.
How Did We Assure a Favorable Outcome for Our Client?
Our defense strategy in the Linfield Industrial Park was all about undermining the element of criminal intent. Our client was charged with defiant trespassing, which meant that the prosecution had to prove that our client knowingly and willfully defied a specific warning. Although our client was on the property, the circumstances surrounding their unauthorized excursion made it clear that they had no intentions of property damage whatsoever.
Our Pittsburgh criminal lawyers successfully presented evidence that our client’s actions were motivated by curiosity and had no malicious purpose at all. Added to that, our client also had no intentions to steal anything or commit any other underlying crime while on the premises. We argued that the client was merely taking a look around and clicking pictures. In essence, they were treating the industrial park like an ill-advised sightseeing stop.
This defense showcased a lack of genuine criminal motive, which became a powerful mitigating factor in this case. Our dedicated Pittsburgh criminal lawyers articulated these subtle distinctions in the defense strategy, which helped us achieve a favorable outcome.
Added to that, we also challenged the sufficiency of the alleged notice to the client. Our goal was to prove that the prosecution could not establish the ‘defiance’ element clearly. We leveraged these facts and our client’s non-criminal background while negotiating with the District Attorney. And this very strategy resulted in a total dismissal of the defiant trespassing charge!
Our client was clearly overjoyed with the results! More so, because this outcome prevented him from getting stained with a permanent criminal conviction on his record, which would have severely impacted his future. If you are ever facing similar charges, remember that having an experienced Pittsburgh criminal lawyer is your strongest line of defense. Don’t take chances with your freedom. Call us at 844.PITT.DUI and book a free consultation today.