Criminal Trespass

Criminal trespass, as defined by Butler PA Criminal Attorney Sean Logue, involves unlawfully entering or remaining on someone else’s property, accompanied by making threats while present. Pennsylvania has comprehensive laws regarding criminal trespass, which can lead to misunderstandings and result in criminal charges.

Criminal trespass Categories 

1. Simple Trespassing: This offense encompasses remaining on a property with the intent to engage in activities such as:

• Starting fires
• Making threats to the property owner
• Vandalizing/damaging the property

2. Agricultural Trespassing: Individuals commit this offense when they enter clearly enclosed or marked land used for agricultural purposes and refuse to leave when instructed to do so by the owner or someone in authority.

3. Defiant Trespassing: In this scenario, individuals persist in occupying a property despite being notified through means such as 

• Posted signs
• Verbal notifications
• Fencing, or orders to leave from school officials
• Government facility personnel, or law enforcement officers.

4. Trespassing into a Building: This offense involves knowingly entering or breaking into a building without permission, utilizing methods like deception, sneaking, or hiding within the premises.

Criminal Trespass Consequences

Trespassing carries significant consequences, particularly in certain circumstances that deserve closer attention. Consequences can escalate when trespassing is linked to domestic violence or when the offender has a history of such acts. Moreover, if the trespasser violates an active protection from abuse (PFA) order, additional charges can be pressed on top of the existing trespassing offense.

For simple trespass convictions, fines can reach a maximum of $300, and jail sentences can extend up to 90 days.

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

The severity of penalties for trespassing also hinges on the degree of the felony. A conviction can result in fines as high as $25,000 and prison terms up to 10 years.

Agricultural trespassing has its own distinct penalties as outlined in the law, which are contingent upon the level of the misdemeanor itself. Fines range from $250 to $5,000, while jail terms can extend up to two years.

Criminal Trespass Examples

Numerous scenarios can lead to criminal trespass charges, such as forcefully entering someone’s home, visiting someone without prior notification, 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 aim to prove that the alleged offender did not have the intention to cause harm or trespass. The burden of proof lies on the prosecution to demonstrate that the alleged offender had malicious intentions. However, mounting a defense against these charges can be arduous, particularly in cases involving domestic violence incidents or violation of a PFA.

Given the potential detrimental impact on various aspects of one’s life, including custody, divorce proceedings, employment, and educational opportunities, it is vital for individuals facing criminal trespass charges to seek the assistance of a dedicated Butler PA DUI attorney. Contact Sean Logue at (844) PITT-DUI today to ensure the safeguarding of your rights.