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Criminal trespass charges in Bucks County can arise from a wide variety of situations—from teenagers exploring an abandoned building to a heated dispute between neighbors or a misunderstanding about property lines. While it may seem like a minor offense compared to burglary or robbery, criminal trespass in Pennsylvania is treated very seriously. Depending on the circumstances, a conviction can result in a felony record, significant fines, and time in state prison.

If you have been charged with criminal trespass in Bucks County, you need an experienced criminal defense attorney to protect your rights. At SKA Law Group LLC, our legal defense team understands the nuances of Pennsylvania trespassing laws and how local prosecutors handle these cases. We will thoroughly investigate the allegations, challenge the evidence, and fight for the best possible outcome.

What is Criminal Trespass in Pennsylvania?

Under Pennsylvania law (18 Pa.C.S. § 3503), criminal trespass occurs when a person enters or remains on a property knowing they are not licensed or privileged to do so. The severity of the charge depends heavily on the type of property entered, how entry was gained, and whether notice against trespassing was provided.

There are three main categories of criminal trespass in Pennsylvania:

1. Criminal Trespass (Buildings and Occupied Structures)

This is the most serious form of trespass. It occurs when a person enters or secretly remains in a building or occupied structure without permission.
Second-Degree Felony (F2): If entry is gained by breaking into the building (e.g., smashing a window, forcing a door, or picking a lock), the offense is a second-degree felony, punishable by up to 10 years in prison and a $25,000 fine.
Third-Degree Felony (F3): If entry is gained through an open door or by deception (subterfuge), the offense is a third-degree felony, punishable by up to 7 years in prison and a $15,000 fine.

2. Defiant Trespass

Defiant trespass occurs when a person enters or remains in any place where notice against trespass is given. Notice can be provided through:
– Direct communication (e.g., the property owner tells you to leave).
– Posted signs that are reasonably likely to be seen.
– Fencing or other enclosures manifestly designed to exclude intruders.
– Purple paint marks on trees or posts (under Pennsylvania’s Purple Paint Law).

Defiant trespass is generally a Third-Degree Misdemeanor (M3), punishable by up to 1 year in prison. However, if the trespass involves school grounds or an agricultural biosecurity area, the penalties increase significantly.

3. Simple Trespass

Simple trespass occurs when a person enters or remains on premises without permission for the purpose of threatening the owner, starting a fire, or defacing the property. Simple trespass is a Summary Offense, punishable by up to 90 days in jail and a $300 fine.

Burglary vs. Criminal Trespass

Criminal trespass is closely related to burglary, but there is one critical distinction: intent. To be convicted of burglary, the prosecution must prove that you entered the building with the specific intent to commit a crime inside (such as theft or assault). If you unlawfully entered a building but had no intention of committing a crime once inside, the appropriate charge is criminal trespass.

Defending Against Criminal Trespass Charges in Bucks County

At SKA Law Group LLC, we utilize a variety of defense strategies tailored to the specific facts of your case. Common defenses against criminal trespass include:

Lack of Notice: For defiant trespass charges, we may argue that the property was not properly posted, there were no fences, or you were never told to leave.
Consent or Privilege: If you reasonably believed that the owner of the premises would have licensed or permitted you to enter, this can serve as a valid defense.
Abandoned Property: It is a statutory defense to criminal trespass if the building or structure involved was abandoned.
Premises Open to the Public: If the premises were open to the public at the time and you complied with all lawful conditions imposed on access, you cannot be convicted of trespass.