Criminal Trespass

Logue Law Group explains that criminal trespass is the act of unlawfully entering or staying on someone else’s property without permission, or making threats while on the premises. The criminal trespass laws in Pennsylvania, particularly in Erie County, are extensive. This can sometimes lead to misunderstandings and, ultimately, criminal charges. If you’re facing such charges, consulting an Erie criminal lawyer is critical.

Criminal Trespass Categories

The type of trespass offense someone is charged with depends on the nature of the act. Pennsylvania categorizes criminal trespass into four main types. Below is an overview of these categories.

1. Simple Trespassing

This form of trespassing occurs when someone stays on another’s property with the intent to perform one or more of the following acts:

• Setting fires or attempting arson
• Engaging in threats or other actions directed at the property owner
• Committing vandalism or damaging property

2. Agricultural Trespassing

Agricultural trespassing involves entering clearly marked or enclosed farmland and refusing to leave upon being ordered to do so by the property owner or an authorized individual.

3. Defiant Trespassing

Defiant trespassing occurs when someone remains on a property despite being informed to leave using one or more methods, such as:

• Posted warning signs
• Direct verbal orders from individuals on-site
• Fencing or barriers indicating the area is off-limits
• Warnings given by law enforcement, school officials, or personnel overseeing government facilities

4. Trespassing into a Building

This type of criminal trespassing applies when a person unlawfully accesses or enters a building. This may involve deception, sneaking in, or refusing to leave once inside without permission.

Consequences of Criminal Trespass

Criminal trespassing in Erie County can lead to severe consequences. If the situation is tied to domestic issues or a Protection from Abuse (PFA) violation, penalties often become more punitive. Below is a breakdown of typical penalties associated with trespassing convictions.

For Simple Trespassing

• Fines that may reach up to $300
• Potential jail time of up to 90 days

For Defiant Trespassing

• The penalty changes based on the severity of the misdemeanor
• Fines can go as high as $10,000
• Jail sentences could extend to as much as 5 years

For Felony Trespassing

• Punishments depend on the degree of the felony
• Fines up to $25,000
• Prison sentences lasting up to 10 years

For Agricultural Trespassing

The law includes specific penalties for this category:

• Misdemeanor-related fines can range from $250 to $5,000
• Jail terms can last up to 2 years

If you or someone you know faces these consequences, consulting an Erie DUI attorney who specializes in criminal trespass can be vital to safeguarding individual rights.

Examples of Criminal Trespassing

Criminal trespass charges can arise from various situations, including the following:

• Forcibly entering someone’s home group
• Entering someone’s property without notifying them in advance
• Refusing to leave after being repeatedly asked to vacate
• Threatening the property owner or engaging in unlawful activities while on the premises

Defenses Against Criminal Trespass

Building a strong defense to criminal trespass charges often involves challenging intent. Typically, proving lack of intent to cause harm, vandalize property, or threaten others can work in favor of the defense. However, the prosecutor must demonstrate that the accused deliberately intended to conduct harmful activities.

Defending such charges becomes particularly challenging when they are intertwined with domestic violence allegations or PFA violations. These situations require a nuanced legal strategy to mitigate the charges’ impact on areas such as employment, custody agreements, and divorce proceedings.

A seasoned Erie criminal lawyer, like the team at Logue Law Group, understands the importance of reducing the overall impact of these charges.

Why Choose a Logue Law Group?

Facing criminal trespass charges can be daunting, especially when it can affect your personal and professional life. The attorneys at Logue Law Group in Erie County offer a vigorous defense to protect your rights. Reach out to their legal team at (844) PITT-DUI for specialized representation tailored to your unique case.