Criminal Trespass

According to attorney Sean Logue, the legal definition of criminal trespass involves unlawfully entering a property, staying on someone else’s land without permission, or making threats while on those premises. The laws regarding trespassing in Pennsylvania are quite detailed and can be complicated. Unfortunately, this complexity often leads to misunderstandings, which can result in individuals facing serious criminal charges.

Categories of Criminal Trespass

In Pennsylvania, the specific type of trespassing charge a person might face depends heavily on the details of the alleged offense. The state law breaks these offenses down into four primary categories, which we have detailed below. If you have been accused of any of these actions, do not delay in seeking legal counsel. It is crucial to consult a Philadelphia federal crimes lawyer immediately to discuss your options. 

Simple Trespassing

This form of trespass generally involves remaining on a property with the specific intent to commit acts such as:

• Starting or igniting fires on the premises
• Making threats, aggressive statements, or gestures directed at the property owner
• Engaging in acts that damage, deface, or vandalize the property

Agricultural Trespassing

This specific violation occurs when an individual enters land that is clearly used for agriculture, whether it is enclosed or clearly marked, and refuses to leave after being told to do so by the owner or an authorized person.

Defiant Trespassing

Defiant trespassing applies to individuals who persist in occupying a property even after receiving explicit warnings to leave. These warnings to vacate can be delivered in several different ways, including: 

• Posted signage indicating no trespassing 
• Verbal instructions telling the person to leave the premises
• The existence of fences or other clearly marked property boundaries 
• Direct commands issued by school officials, law enforcement officers, or authorized personnel at federal or city facilities 

Trespassing into a Building

This category covers the act of entering or breaking into a structure without consent. It includes behaviors such as using deception, sneaking in, or hiding within the building to gain access that is not authorized.

Consequences of Criminal Trespass

The penalties for criminal trespass are not one-size-fits-all; they can vary greatly depending on the specific circumstances. Factors such as involvement in domestic violence or a prior criminal record can influence the severity of the punishment. Furthermore, violating protection from abuse (PFA) orders can significantly escalate the charges. If you find yourself in this position, stop waiting and contact a Philadelphia federal attorney right away to protect your future.

• Simple Trespass: A conviction here can lead to fines of up to $300 and a jail sentence of up to 90 days.
• Defiant Trespass: The punishment varies based on the classification of the misdemeanor. Fines can reach as high as $10,000, with imprisonment lasting up to 5 years.
• Felony Trespass: These are severe felonies that can result in fines up to $25,000 and prison terms extending to 10 years.
• Agricultural Trespass: The penalties depend on the level of the misdemeanor, with fines ranging between $250 and $5,000, and potential jail sentences of up to 2 years.

Examples of Criminal Trespass

Charges for criminal trespass can stem from a wide range of real-world scenarios. Some common examples include:

• Forcibly entering a person’s private residence
• Attempting visitation without prior notice or consent
• Refusing to leave a specific location after being asked repeatedly
• Issuing threats while unlawfully occupying a piece of property

If you have been charged with criminal trespass or a related offense, it is in your best interest to have a Philadelphia federal crimes lawyer by your side to help you build a solid defense strategy.

Defenses for Criminal Trespass

When fighting allegations of criminal trespass, effective defenses often center on the concept of intent. To secure a conviction, the prosecution is required to prove that the accused intended to unlawfully enter or remain on the property specifically to cause harm, disrupt the peace, or break the law.

However, constructing a robust defense can be difficult. This is especially true when the trespass charges are linked to emotionally charged contexts, such as domestic violence incidents or alleged violations of protection from abuse orders.

Because a conviction for criminal trespass can have life-altering repercussions—affecting child custody arrangements, divorce proceedings, future employment opportunities, and access to education—it is vital to work with a legal Philadelphia federal attorney to safeguard your rights.

Contact a Trusted Advocate 

If you are currently facing charges for criminal trespass, turn to Sean Logue for the expert legal guidance you need. Sean and his team at the Logue Law Group possess extensive experience defending clients in these complex cases. Call (844) PITT-DUI today to schedule a free consultation with a Philadelphia federal attorney. Take the first step to protect your rights and secure your future.