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Getting charged with criminal trespass in Dauphin County can be an incredibly confusing and frightening experience. Many people assume trespassing is just a minor slap on the wrist—a simple misunderstanding over a property line or a refusal to leave a bar at closing time. But under Pennsylvania law, what seems like an honest mistake can quickly escalate into a felony charge that threatens your freedom, your permanent record, and your employment prospects.
At SKA Law Group, we know what it really feels like to be charged with criminal trespass in Harrisburg, PA. You might be feeling overwhelmed, embarrassed, or unfairly targeted by an aggressive property owner or overzealous police officer. Our criminal defense attorneys are here to protect your rights. We regularly defend clients against all grades of trespass charges, fighting to keep convictions off their records and keeping them out of jail.
What is Criminal Trespass in Pennsylvania? (18 Pa.C.S. § 3503 Explained)
Under Pennsylvania criminal trespass law (18 Pa.C.S. § 3503), the offense generally occurs when a person enters or remains on a property knowing they are not licensed or privileged to do so. However, the law breaks trespassing down into three distinct categories based on the severity of the intrusion, the type of property, and the intent of the accused.
1. Criminal Trespass (Buildings and Occupied Structures)
This is the most severe form of trespassing. You can be charged with this if you enter, gain entry by subterfuge (trickery), or surreptitiously remain in any building or occupied structure.
- If you simply walk through an open door or use trickery to get inside, it is graded as a Third-Degree Felony.
- If you “break into” the building (using force, intimidation, or opening an unauthorized lock), it is upgraded to a Second-Degree Felony.
2. Defiant Trespass
What is the difference between criminal trespass and defiant trespass in Pennsylvania? Defiant trespass occurs when you enter or remain in a place where notice against trespassing has been given. Notice can be provided via actual communication (someone telling you to leave), posted signs (“No Trespassing”), fencing, or even purple paint marks on trees. Defiant trespass is typically a Third-Degree Misdemeanor, but can be a First-Degree Misdemeanor if you refuse to leave school grounds, or a Summary Offense in lesser circumstances.
3. Simple Trespass
Simple trespass occurs when you enter a property for the specific purpose of threatening the owner, starting a fire, or defacing the premises. Despite the malicious intent required, simple trespass is graded as a Summary Offense.
Is Criminal Trespass a Felony or Misdemeanor in Pennsylvania?
As outlined above, it depends entirely on the facts of the case. Entering an occupied building or structure is a felony. Ignoring a “No Trespassing” sign on an open field or refusing to leave a store when asked is typically a misdemeanor or summary offense.
Criminal Trespass Charges in Dauphin County PA – Penalties:
- Second-Degree Felony: Up to 10 years in prison and a $25,000 fine.
- Third-Degree Felony: Up to 7 years in prison and a $15,000 fine.
- First-Degree Misdemeanor: Up to 5 years in prison and a $10,000 fine.
- Third-Degree Misdemeanor: Up to 1 year in jail and a $2,500 fine.
- Summary Offense: Up to 90 days in jail and a $300 fine.
According to Pennsylvania criminal trespass sentencing guidelines for 2024, your prior criminal record score will heavily influence whether you receive probation, county jail time, or state prison time. Can you get probation instead of jail for criminal trespass in Pennsylvania? Yes, especially for first-time offenders facing misdemeanor or summary charges, but felony convictions often carry a high risk of incarceration.
Criminal Trespass vs. Burglary Charges in Pennsylvania: What is the Difference?
The line between criminal trespass and burglary is razor-thin, but the consequences are vastly different. Both crimes involve entering a building illegally. However, burglary requires the specific intent to commit a crime once inside (such as theft or assault).
Why do prosecutors pursue criminal trespass charges in Pennsylvania when they suspect a burglary? Often, if the Dauphin County District Attorney cannot prove beyond a reasonable doubt that you intended to steal something or hurt someone when you entered the building, they will charge you with felony criminal trespass as a fallback option.
Surprising Ways You Can Accidentally Commit Criminal Trespass in PA
Many true stories of people charged with criminal trespass in Pennsylvania involve complete accidents or poor judgment, not malicious intent. Common scenarios include:
- The “Bad Breakup”: Entering an ex-partner’s apartment to retrieve your own belongings after they told you not to come back.
- The “Over-Served Patron”: Refusing to leave a Harrisburg bar or restaurant when the bouncer or manager asks you to exit.
- The “Urban Explorer”: Entering an abandoned warehouse or factory in Dauphin County to take photos, assuming no one cares because the building is empty.
How does intent affect a criminal trespass charge in Pennsylvania? If you genuinely believed you had the right to be there, or if the property was abandoned, you may have a valid defense against the charges.
What to Expect: Criminal Trespass First Offense in Pennsylvania
If this is your first offense, you are likely wondering what happens at arraignment for criminal trespass in Dauphin County. At your preliminary arraignment, the Magisterial District Judge will read the charges against you and set bail.
How long does a criminal trespass case take in Dauphin County court? From the preliminary hearing to a potential trial, the process can take anywhere from six months to over a year. During this time, the DA may offer a plea deal.
Why I always advise clients to fight criminal trespass charges in Pennsylvania: Many defendants believe the myth that pleading guilty to a misdemeanor trespass is no big deal. This is false. Why are plea deals for criminal trespass in Pennsylvania often a mistake? Because a conviction goes on your permanent record. How a criminal trespass conviction affects employment background checks in PA cannot be overstated—employers see “trespass” and often assume you are untrustworthy, a thief, or a liability.
How to Beat a Criminal Trespass Charge in Pennsylvania
At SKA Law Group, our honest take on how Dauphin County courts handle trespass cases is that they are highly defensible if you have the right strategy. What most defense attorneys get wrong about trespass cases in PA is that they immediately look to plead the case down instead of fighting the elements of the statute.
Defenses Against Criminal Trespass Charges in Pennsylvania:
- The Abandoned Property Defense: The law specifically states it is a defense if the building or structure was abandoned.
- The Public Access Defense: If the premises were open to the public at the time and you complied with all lawful conditions, you are not trespassing.
- The Reasonable Belief Defense: If you reasonably believed the owner (or someone authorized by the owner) would have given you permission to enter, you lack the criminal intent required for a conviction.
How does a criminal trespass charge get dismissed in Pennsylvania? Often, we use these defenses at the preliminary hearing to show the DA they cannot win at trial, forcing them to withdraw the charges.
Can Criminal Trespass Charges Be Expunged in Pennsylvania?
Does criminal trespass go on your permanent record in Pennsylvania? Yes, if you are convicted. Misdemeanor and felony convictions generally cannot be expunged, though some lower-level misdemeanors may be eligible for sealing under PA’s Clean Slate law after many years.
However, if your Dauphin County criminal defense attorney successfully gets the charges dismissed, withdrawn, or you are acquitted at trial, the arrest record can be fully expunged.
Questions to Ask a Criminal Defense Lawyer About Trespass Charges in PA
Before hiring an attorney, ask them:
- How many trespass cases have you taken to trial in Dauphin County?
- Will you investigate whether the property was legally considered “abandoned”?
- Can you negotiate my case down to a summary offense or get me into the ARD (Accelerated Rehabilitative Disposition) program?
