Defenses to Criminal Trespass
Committing a criminal trespass can occur in a variety of ways according to Illinois law:
- Knowingly entering a building without authorization or permission
- Entering a property that you have been issued a notice of forbiddance against
- Remaining in a property after issuance of a notice of eviction
- Using false documents or false representation to enter a building or premises
You Can Be Arrested for Trespassing If You
In Illinois, there are a variety of criminal trespasses, such as trespass to a vehicle, real property, private residence, safe school zone, or state-supported land. Criminal trespassing is classified as a misdemeanor but can vary in class depending on the nature of the offense. You can be arrested if you knowingly or without permission from a property owner trespass the following areas:
- Criminal trespass to a vehicle
- Criminal trespass to land or real property
- Criminal damage to state-supported property
- Criminal trespass to a state-supported property or land
- Unauthorized storage or possession of any weapons
- Criminal trespass to any restricted areas
- Criminal trespass to nuclear facilities
- Criminal trespass to places of public amusement
Penalties for Criminal Trespass
There are different classes of felony criminal trespass charges, each with its consequences. Criminal trespass lawyers can help you understand the nature of your charges and help put up a solid defense for your case. Some of the common penalties include:
- Class A misdemeanor: any criminal trespass to vehicles and when you enter a land that can be used for agriculture with your car. It can get you up to one year in jail and fines of up to $2,500.
- Class 4 felony: if the residence is occupied, it may result in up to 3 years in jail. It can also be classified as a class 4 felony if you have any burglary tools when trespassing.
Illinois County Trespassing Defense Lawyers
When you are charged with Illinois criminal trespass, you need the help of a qualified attorney to offer legal representation. A lawyer can help investigate the circumstances under arrest, cross-examine the evidence and witness, and build a solid defense that increases the chance of a favorable outcome. It is important to note under all circumstances you have a right to have an attorney by your side when charged with any crime.
Kuchinski Law Firm has a qualified lawyer, Sergei A. Kuchinski, who helps build a good defense strategy for all clients. Mr. Kuchinski will help you navigate and understand the complicated criminal trespass laws. Our lawyer will also strategize the best solution to increase your chances of charges dismissal or fines and sentence reduction. Contact us today, and let us help you build a strong defense.
