What is Criminal Trespassing?

Criminal trespass has several definitions. In order to be convicted of criminal trespass, your actions have to meet certain requirements. You could be charged with a misdemeanor or a felony, depending on the circumstances. If the property damage alleged exceeds $500.00, you could be charged with a felony offense.

You may be accused of criminal trespass if:

  • You purposely damage another person’s property without that person’s permission.
  • You enter upon the land of another, enter a vehicle, aircraft, railroad car or boat or other watercraft with the intent to commit a crime.
  • If you’ve been invited on land, in a vehicle, aircraft, railroad car or boat or other watercraft and, subsequently, that invitation has been rescinded, but you nevertheless enter, you could be arrested for criminal trespass.
  • If you remain on someone’s land or in someone’s vehicle, railroad car, watercraft, boat or aircraft after you have been told to leave, you could be arrested for criminal trespass.

If you know you’re not supposed to be on a property but a minor gives you permission to be there under any of the above circumstances, you could be arrested for criminal trespass. The minor’s parents or guardians must be present when the minor gives you permission.

Additionally, if you purposely mutilate, deface or defile grave markers or memorials of someone who served in the United States Armed Forces, you could be arrested for criminal trespass. This includes stones, markers and memorials for those who were buried in Confederate cemeteries.

If you have been arrested for criminal trespass, contact Treadaway & Treadaway as soon as possible. You may also have a family member contact us on your behalf.


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