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When you are accused of criminal trespass in Pennsylvania, the reality is that law enforcement and prosecutors treat the offense far more seriously than most people expect. For people in Pennsylvania facing criminal charges or who have been arrested and in need of legal defense, understanding exactly what is criminal trespass in Lehigh County Pennsylvania is the first step to protecting your future. At SKA Law Group, we know that many trespass arrests stem from misunderstandings, property disputes, or simple mistakes, yet they can result in severe felony charges.
Pennsylvania Criminal Trespass Charges Degrees and Penalties
Under 18 Pa.C.S. § 3503, criminal trespass is not a single, uniform charge. The severity of the offense depends entirely on how the property was entered and the nature of the structure. Many defendants are shocked to learn that simply walking into an abandoned building can be charged as a felony.
The difference between first and second degree criminal trespass Pennsylvania (and other grading levels) dictates the potential prison time and fines you face. Here is how Pennsylvania criminal trespass charges degrees and penalties break down:
- Second-Degree Felony (F2): Breaking into a building or occupied structure using force, threat, or deception. Punishable by up to 10 years in prison and a $25,000 fine.
- Third-Degree Felony (F3): Entering or remaining in a structure knowing that entry is unauthorized (by subterfuge or surreptitiously). Punishable by up to 7 years in prison and a $15,000 fine.
- Third-Degree Misdemeanor (M3): Entering fenced or secured property without permission. Punishable by up to 1 year in jail and a $2,500 fine.
- Summary Offense: Remaining on property after being told to leave (defiant trespass). Punishable by up to 90 days in jail and a $300 fine.
Why prosecutors in Lehigh County take criminal trespass seriously even for first offenders is because they often view unauthorized entry as a precursor to more severe crimes, such as burglary or theft. In fact, a common tactic is to initially charge a defendant with burglary (which requires the intent to commit a crime inside) and use the threat of a burglary conviction to force a plea deal for criminal trespass.
How to Fight a Criminal Trespass Charge in Lehigh County PA
A skilled defense attorney knows that a trespass charge is rarely open and shut. How to fight a criminal trespass charge in Lehigh County PA involves dismantling the prosecution’s narrative regarding your intent and authorization. At SKA Law Group, we frequently utilize statutory defenses outlined in Pennsylvania law.
One of the most effective strategies is proving that the building or structure was abandoned at the time of the alleged trespass. If the property was genuinely abandoned, the law provides a specific defense against the charge. Additionally, if the premises were open to the public and you complied with all lawful conditions for entry, the trespass charge cannot stand. We also argue that the defendant reasonably believed the owner would have granted permission to enter or remain on the property, which directly attacks the “knowing” element of the crime.
My honest opinion on public defenders vs private attorneys for trespass cases in PA is that public defenders simply do not have the time to conduct the deep factual investigations required to prove these defenses. A private attorney can interview witnesses, subpoena security footage, and aggressively negotiate with the District Attorney before trial.
Background Checks, Expungement, and Your Future
Will a criminal trespass conviction show on my background check in Pennsylvania? Yes. Whether it is graded as a felony or a misdemeanor, a criminal trespass conviction will appear on background checks conducted by employers, landlords, and licensing boards. Surprising ways a criminal trespass charge can affect your job and housing in Pennsylvania include immediate termination from positions requiring security clearances and denial of rental applications due to property crime policies.
However, there is hope for a clean record. Can criminal trespass charges be expunged in Pennsylvania? If your charges are dismissed or you are found not guilty, you are eligible for an immediate expungement. For convictions, Pennsylvania’s Clean Slate law allows for the automatic sealing of summary trespass convictions after 5 years, misdemeanor convictions after 7 years, and felony convictions after 10 years, provided you remain arrest-free. Sealing hides the record from public view, allowing you to pass most standard background checks.
What Happens at a Criminal Trespass Arraignment in Lehigh County
What a Lehigh County criminal defense lawyer wants you to know before your trespass hearing is that the preliminary arraignment sets the tone for your entire case. What happens at a criminal trespass arraignment in Lehigh County is that a Magisterial District Judge will formally read the charges against you and set your bail. Because trespass can be a felony, bail may be set higher than expected.
Following the arraignment, a preliminary hearing will be scheduled. This is a critical moment where your attorney can cross-examine police officers, challenge the evidence, and argue for a reduction in charges. Lehigh County criminal trespass case outcomes statistics and dismissal rates show that cases aggressively challenged at the preliminary hearing level are far more likely to be downgraded from felonies to misdemeanors, or dismissed entirely.
Protect Your Record and Your Freedom
Do not let a misunderstanding or a momentary lapse in judgment result in a permanent felony record. The best criminal defense attorney for trespass charges in Lehigh County PA will build a customized strategy to protect your rights. Contact SKA Law Group today for an aggressive defense.
Frequently Asked Questions
Q: What is criminal trespass in Lehigh County Pennsylvania?
A: Criminal trespass occurs when a person knowingly enters or remains in a building, occupied structure, or secured property without authorization. It ranges from a summary offense for ignoring a “no trespassing” sign to a second-degree felony if force is used to break into a building.
Q: Will a criminal trespass conviction show on my background check in Pennsylvania?
A: Yes, a criminal trespass conviction will appear on criminal background checks. Because it is a property crime, it can significantly impact your ability to secure employment, housing, and professional licenses until the record is legally sealed or expunged.
Q: Can criminal trespass charges be expunged in Pennsylvania?
A: Yes, but it depends on the outcome. If the charges are dismissed, they can be fully expunged immediately. If you are convicted, the record cannot be completely destroyed, but it may be eligible for sealing under the Clean Slate law after 5 to 10 years of remaining arrest-free.
Q: What happens at a criminal trespass arraignment in Lehigh County?
A: At the preliminary arraignment, a Magisterial District Judge will read the formal charges against you and determine your bail amount. Having an attorney present is crucial to argue for lower bail or release on your own recognizance (ROR).
Q: Why do prosecutors in Lehigh County take criminal trespass seriously even for first offenders?
A: Prosecutors view unauthorized entry into buildings as a serious public safety issue and often treat it as a precursor to burglary. They aggressively prosecute these cases to deter property crimes, meaning even first-time offenders can face felony charges.
Q: What are some myths about criminal trespass charges people in Pennsylvania believe?
A: A common myth is that if you didn’t steal or damage anything, you can’t be charged with a crime. Another myth is that trespassing is always a minor ticket; in reality, entering an unoccupied structure without permission can easily be charged as a felony.
