Criminal Trespass Explained

Understanding criminal trespass is essential for both property owners and individuals. According to Kittanning criminal attorney Sean Logue, this offense involves unlawfully entering or staying on someone else’s property and making threats while there. The laws regarding criminal trespass in Pennsylvania are comprehensive, often leading to misunderstandings that can result in criminal charges.

Categories of Criminal Trespass

In Pennsylvania, the type of trespass charge depends on what kind of trespassing was allegedly committed. Here’s a closer look at the four categories:

1. Simple Trespassing

This involves staying on a property with the intent to:

• Start fires
• Make threats or engage in aggressive actions directed at the owner
• Vandalize or damage the property

2. Agricultural Trespassing

This occurs when someone enters clearly marked land used for agriculture and refuses to leave when asked by the owner or an authority figure.

3. Defiant Trespassing

This involves remaining on a property despite clear warnings such as:

• Posted signs
• Verbal notifications by anyone present
• Fencing or other forms of barriers
• Orders to vacate from school officials, government facility staff, or law enforcement

4. Trespassing into a Building

This offense involves knowingly entering or breaking into a building without permission, whether by deceit, stealth, or hiding.

Consequences of Criminal Trespass

Trespassing can lead to various consequences, particularly in specific situations. If the offense is part of domestic violence or the offender has a prior record of trespassing, the penalties can be severe. There may be additional charges if there is a protection from abuse (PFA) order involved.

• Simple Trespass: Fines up to $300; jail time up to 90 days.
• Defiant Trespass: Punishments vary based on misdemeanor classification; fines up to $10,000, prison sentences up to 5 years.
• Felony Trespass: Fines can reach $25,000; prison terms up to 10 years.
• Agricultural Trespassing: Penalties based on misdemeanor level; fines range from $250 to $5,000, and jail terms up to 2 years.

Examples of Criminal Trespass

Several scenarios can lead to criminal trespass charges, such as:

• Forcefully entering someone’s home
• Visiting someone without prior notice
• Refusing to leave after multiple requests
• Making threats while on another’s property

Defending Against Criminal Trespass Charges

Most defenses against trespassing charges focus on proving the accused did not intend to cause harm or trespass. The prosecutor must demonstrate that the accused intended to create trouble. However, building a defense can be difficult, especially in domestic violence cases or when a PFA is part of the situation.

Because a criminal trespass conviction can negatively affect custody, divorce proceedings, job prospects, and education opportunities, it’s crucial for those facing charges to consult a Kittanning DUI attorney dedicated to defending their rights. Contact Sean Logue at (844) PITT-DUI today to ensure your rights are protected.