Criminal Trespass

According to the legal professionals at Logue Law Group, including attorney Sean Logue, criminal trespass involves unlawfully entering or staying on another person’s property, as well as making threats while present on their premises. The criminal trespass laws in Pennsylvania are highly detailed and comprehensive. Because of this complexity, misunderstandings frequently occur between individuals, which can easily result in severe criminal charges.

Categories of Criminal Trespass

The specific trespass offense a person faces in Pennsylvania depends entirely on the exact nature of the alleged trespassing incident. Within the state, the law outlines four distinct categories of trespassing. A skilled Mercer criminal lawyer can help you navigate these charges. Let’s explore these four categories in greater detail:

1. Simple Trespassing

This specific offense happens when a person remains in a place with the clear intent to:

• Start fires on the property
• Threaten or engage in intimidating acts, statements, or gestures directed at the property owner
• Vandalize, deface, or otherwise damage the property

2. Agricultural Trespassing

This violation occurs when individuals enter clearly marked or enclosed land that is actively used for agricultural purposes, and they fail to leave the premises when instructed to do so by the owner or an authorized person.

3. Defiant Trespassing

In this scenario, individuals continue to occupy a property even after being informed to leave through various means. If you are accused of this, consulting a Mercer DUI attorney or defense lawyer is highly recommended. Notices to leave can include:

• Posted signs on the property
• Verbal notifications given by anyone currently present
• Fencing or other visible forms of enclosure
• Direct orders to leave from school officials, government facility personnel, or law enforcement officers

4. Trespassing into a Building

This serious offense involves knowingly entering or breaking into a building without permission. This can be achieved through deception, sneaking in, or hiding within the premises.

Consequences of Criminal Trespass

Trespassing can result in a wide range of severe consequences, particularly in specific circumstances. If the crime is linked to domestic violence or if the offender has a prior history of trespassing, the legal penalties can become much harsher. Additionally, if there is an active protection from abuse (PFA) order against the offender, further charges might be added to the trespassing offense. Working with a dedicated Mercer criminal lawyer is vital when facing these penalties.

• For simple trespass convictions, fines can reach up to $300, and jail sentences can last up to 90 days.
• Defiant trespass convictions carry punishments that vary based on the misdemeanor classification. Fines can reach as high as $10,000, and prison sentences can last for up to 5 years.
• The penalties for trespassing also fluctuate depending on the degree of the felony. A felony conviction can lead to fines of up to $25,000 and prison terms extending up to 10 years.
• Agricultural trespassing carries specific penalties detailed in the law, varying by the level of the misdemeanor. Fines for this range from $250 to $5,000, and jail terms can extend up to two years.

Examples of Criminal Trespass

Numerous everyday situations can lead to criminal trespass charges. Examples include forcefully entering someone’s home, visiting a person without informing them beforehand, refusing to leave a property after repeated requests, or making verbal or physical threats while standing on someone else’s property. In these situations, consulting a Mercer criminal lawyer can help you understand the charges, assess your legal options, and work toward a favorable outcome.

Defenses Against Criminal Trespass Charges

In the majority of cases, building a defense against criminal trespassing charges relies on demonstrating that the alleged offender did not actually intend to cause harm or trespass. The prosecutor carries the heavy burden of proving that the accused individual had the specific intention to cause trouble. However, defending against these charges can be incredibly challenging, especially if the events are tied to a domestic violence incident or a direct violation of a PFA order.

Given the massive negative impact a conviction can have on child custody, divorce proceedings, future employment, and educational opportunities, it is essential for anyone facing these charges in Mercer to seek immediate legal assistance. Reach out to a qualified Mercer DUI attorney and criminal defense lawyer who is dedicated to protecting your legal rights. Contact us at 412.387.6901 today to ensure your rights are fully safeguarded.