Criminal Trespass

According to Washington PA Criminal Attorney Sean Logue, criminal trespass is the act of unlawfully entering or remaining on someone else’s property and making threats while present. Pennsylvania’s criminal trespass laws are detailed, leading to potential misunderstandings and criminal charges.

Criminal Trespass Categories

In Pennsylvania, trespass offenses vary depending on the type of trespass committed. There are four distinct categories worth exploring:

1. Simple Trespassing: This offense involves remaining in a place with the intent to:

• Start fires
• Threaten, or engage in acts targeted at the property owner
• Vandalize, deface, or damage the property

2. Agricultural Trespassing: This occurs when individuals enter clearly enclosed or marked land used for agricultural purposes and fail to leave when instructed by the owner or someone in authority.

3. Defiant Trespassing: In this scenario, individuals persist in occupying a property, disregarding multiple forms of notification, such as:

• Posted signs
• Verbal warnings from anyone present
• Physical barriers, like fences or enclosures
• Orders from school officials, government personnel, or law enforcement officers to vacate the premises.

4. Trespassing into a Building: This violation entails knowingly entering or surreptitiously accessing a building without authorization, through methods such as deception, stealth, or concealed presence within the premises.

Criminal Trespass Consequences

Trespassing can have a wide range of consequences, particularly in certain circumstances. When connected to domestic violence or in cases where the offender has a history of trespassing, the penalties can become significantly more severe. Moreover, if there is a protection from abuse (PFA) order against the offender, additional charges may be imposed alongside the trespassing offense.

For simple trespass convictions, fines can reach up to $300, with potential jail sentences of up to 90 days.

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

The penalties for trespassing also depend on the level of felony. A conviction can lead to fines of up to $25,000 and prison terms of up to 10 years.

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

Criminal Trespass Examples

Various situations can result in criminal trespass charges, such as forcefully entering someone’s home, visiting someone without their consent, refusing to leave after repeated requests, or making threats while on another person’s property.

Criminal Trespass Defenses

In most cases, defenses against criminal trespassing charges rely on proving that the alleged offender did not have the intention to cause harm or trespass. The burden of proof lies with the prosecutor, who must demonstrate that the alleged offender intended to cause trouble. However, mounting a defense against these charges can be challenging, especially if they are part of a domestic violence incident or a violation of a PFA.

Given the potential negative impact on custody, divorce proceedings, employment, and educational opportunities, it is crucial for individuals facing criminal trespass charges to seek the assistance of a dedicated Washington PA DUI attorney who will protect their rights. Contact Sean Logue at (844) PITT-DUI today to ensure your rights are safeguarded.