Criminal Trespass

According to Greensburg criminal attorney Sean Logue, criminal trespass refers to unlawfully entering or remaining on someone else’s property, as well as making threats while on the premises. The criminal trespass laws in Pennsylvania are detailed, which can sometimes lead to misunderstandings and subsequent criminal charges.

Criminal Trespass Categories

The type of criminal trespass charge in Pennsylvania depends on the nature of the trespass. There are four main categories of trespassing in the state:

1. Simple Trespassing

This involves remaining on a property with the intent to:

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

2. Agricultural Trespassing

This occurs when someone enters clearly enclosed or marked agricultural land and refuses to leave when instructed by the owner or an authority figure.

3. Defiant Trespassing

Defiant trespassing involves occupying a property despite being informed otherwise through:

• Posted signs
• Verbal warnings from someone present
• Fencing or other forms of enclosure
• Orders from school officials, government facility personnel, or law enforcement officers

4. Trespassing into a Building

This offense entails knowingly entering or breaking into a building without permission, either through deception, sneaking in, or hiding within the premises.

Criminal Trespass Consequences

The consequences of trespassing vary, particularly in certain situations, such as those involving domestic violence or repeat offenses. If there’s a Protection from Abuse (PFA) order in effect against the offender, additional charges may accompany the trespassing offense.

• Simple Trespass: Fines up to $300 and up to 90 days in jail.
• Defiant Trespass: Penalties depend on the misdemeanor classification, with fines reaching up to $10,000 and prison sentences up to 5 years.
• Felony Trespass: Penalties include fines up to $25,000 and prison terms up to 10 years.
• Agricultural Trespass: Fines range from $250 to $5,000, and jail terms can extend up to two years, depending on the level of misdemeanor.

Criminal Trespass Examples

Various actions can lead to criminal trespass charges, such as:

• Forcefully entering someone’s home
• Visiting someone without informing them
• Refusing to leave after repeated requests
• Making threats while on someone’s property

Criminal Trespass Defenses

Defenses against criminal trespassing typically involve proving that the accused did not intend to cause harm or unlawfully trespass. The prosecutor must prove the intent to cause trouble, which can be challenging, especially if the charges are related to domestic violence or a PFA violation.

Given the potential impact on custody, divorce proceedings, employment, and education, it’s crucial to seek assistance from a Greensburg DUI attorney dedicated to protecting your rights. Contact Sean Logue at (844) PITT-DUI today to ensure your rights are safeguarded.