Criminal Trespass: A Comprehensive Look

According to renowned Beaver Criminal Attorney, Sean Logue, criminal trespass encompasses the unlawful entry or remaining on another person’s property, along with the involvement in threats while on the premises. Pennsylvania’s criminal trespass laws are comprehensive, but sometimes misunderstandings arise, leading to criminal charges.

Categories of Criminal Trespass

Within Pennsylvania, trespass offenses vary depending on the type of alleged trespassing. Here, we delve into the four distinct categories:

1. Simple Trespassing: This offense involves intentionally remaining in a place with the intent to engage in damaging acts, such as starting fires, making threats toward the property owner, or vandalizing the property.

2. Agricultural Trespassing: When individuals enter enclosed or marked land specifically used for agricultural purposes and refuse to leave upon the owner’s instruction, they commit agricultural trespass.

3. Defiant Trespassing: This case involves individuals who persistently occupy a property despite being notified through various means. Such means might include posted signs, verbal warnings from anyone present, use of fences or other forms of enclosure, or explicit orders to leave from school officials, government facility personnel, or law enforcement officers.

4. Trespassing into a Building: Knowingly entering or breaking into a building without permission, whether through deception, sneaking, or hiding within the premises, constitutes this offense.

Consequences of Criminal Trespass

Trespassing can have significant repercussions, particularly in certain scenarios. The penalties can be even more severe if the offense is related to domestic violence or if the trespasser has a history of such behavior. Moreover, if there is an existing protection from abuse (PFA) order against the offender, additional charges may be levied alongside the trespassing offense.

For simple trespass convictions, fines can amount to as much as $300, while jail sentences can extend up to 90 days.

Defiant trespass convictions vary in punishment depending on the classification of the misdemeanor. Fines can reach as high as $10,000, and prison sentences can last up to 5 years.

The penalties for trespassing also hinge on the degree of felony. Convictions can result in fines of up to $25,000 and prison terms of up to 10 years.

Agricultural trespassing entails specific penalties outlined by law, which vary based on the level of misdemeanor. Fines range from $250 to $5,000, and jail terms can extend up to two years.

Examples of Criminal Trespass

Numerous situations can lead to criminal trespass charges, such as forcibly entering someone’s home, visiting without consent, refusing to leave after repeated requests, or making threats while on another person’s property.

Defending Against Criminal Trespass Charges: Protecting Your Rights

When facing criminal trespass charges, it is essential to mount a robust defense. In most cases, the key lies in disproving the alleged intent to cause harm or trespass. The burden of proof rests with the prosecutor to establish the intention to cause trouble. However, countering these charges can be daunting, particularly if they stem from domestic violence incidents or violations of a PFA.

The repercussions of these charges can be far-reaching, impacting custody battles, divorce proceedings, employment prospects, and educational opportunities. That is why entrusting your case to a dedicated Beaver DUI attorney becomes crucial. By reaching out to Sean Logue at (844) PITT-DUI today, you can ensure your rights are safeguarded throughout the legal process.