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Criminal trespass in Delaware County involves unlawfully entering or remaining on someone else’s property without permission. While many people assume trespassing is a minor issue—perhaps resulting in a slap on the wrist or a fine—the reality under Pennsylvania law is far more serious. Depending on how and where the trespass occurred, charges can range from a summary offense to a second-degree felony, carrying significant prison time and a permanent criminal record.

These charges often stem from misunderstandings, property disputes, mistaken location, or being unaware that entry was prohibited. If you are facing criminal trespass charges, the experienced defense attorneys at SKA Law Group can help. We will thoroughly investigate the circumstances of your arrest, determine whether you had legal permission to be on the property, verify if proper signage was visible, and aggressively defend your rights in the Delaware County Court of Common Pleas.

Understanding Pennsylvania Trespassing Laws

Under 18 Pa.C.S. § 3503, Pennsylvania law categorizes trespassing into several distinct offenses based on the location of the trespass and the intent of the accused. The grading of the offense dictates the severity of the penalties you face.

Criminal Trespass (Buildings and Occupied Structures)

The most serious form of trespassing occurs when an individual enters a building or occupied structure without permission.
Third-Degree Felony (F3): If you enter, gain entry by deception (subterfuge), or secretly remain in a building or occupied structure, the offense is an F3, punishable by up to 7 years in prison.
Second-Degree Felony (F2): If you “break into” the building—meaning you gain entry by force, intimidation, or unauthorized opening of locks—the charge is elevated to an F2, punishable by up to 10 years in prison.

Defiant Trespass

Defiant trespass occurs when a person enters or remains in any place where notice against trespassing has been clearly given. This notice can be provided via actual communication (someone telling you to leave), posted signs, fencing designed to exclude intruders, or purple paint marks on trees (the “Purple Paint Law”).
Third-Degree Misdemeanor (M3): If you defy an order to leave personally communicated by the owner or authorized person, the charge is an M3, carrying up to 1 year in jail.
First-Degree Misdemeanor (M1): If the trespass occurs on school grounds and you defy an order to leave from a school official or law enforcement officer, the charge is an M1, punishable by up to 5 years in prison.
Summary Offense: In other cases of defiant trespass (e.g., ignoring a posted sign without a personal confrontation), it is typically a summary offense, punishable by up to 90 days in jail and a $300 fine.

Simple Trespass

Simple trespass occurs when a person enters or remains on a property without permission for the purpose of threatening the occupant, starting a fire, or defacing the premises. This is graded as a Summary Offense.

Agricultural Trespass

Entering agricultural land, open land, or a biosecurity area without permission carries specific, often enhanced penalties to protect farming operations and livestock. These offenses range from a summary offense to a first-degree misdemeanor if an animal or plant is damaged or killed.

Defense Strategies for Criminal Trespass in Delaware County

At SKA Law Group, we do not accept the prosecution’s narrative at face value. We employ robust defense strategies to fight trespassing charges, including:

Lack of Intent: Criminal trespass requires that you knew you were not licensed or privileged to enter. If you genuinely believed the property was open to the public or you were lost, we can argue lack of intent.
Consent or Privilege: If you had permission to be on the property from the owner or an authorized representative, you cannot be convicted of trespassing.
Abandoned Property: It is a statutory defense to criminal trespass if the building or structure involved was abandoned.
Improper Notice: For defiant trespass charges relying on posted signs or fencing, we will investigate whether the notice was legally sufficient, visible, and clearly communicated.

Contact SKA Law Group Today

A criminal trespass conviction can severely impact your employment opportunities, housing options, and personal reputation. Do not face the Delaware County prosecutors alone. Contact SKA Law Group today to schedule a confidential consultation. Our dedicated defense team will protect your rights and fight for the best possible outcome in your case.