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Criminal trespass in Philadelphia charges are when someone knowingly enters or remains on another person’s property without authorization. While it may seem like a minor misunderstanding or a simple mistake, Pennsylvania law takes property rights seriously. Depending on how the entry occurred and whether notice was given, a criminal trespass charge can range from a summary offense to a severe felony, potentially resulting in years of prison time and a permanent criminal record.
SKA Law Group understands how easily a misunderstanding over property access can escalate into criminal charges. We provide professional, authoritative, and empathetic legal representation to help you navigate the complexities of the criminal justice system. If you or a loved one has been charged with criminal trespass in Philadelphia, securing competent legal counsel immediately is critical to protecting your future.
What is Criminal Trespass in Pennsylvania?
Under Pennsylvania law (18 Pa.C.S. § 3503), criminal trespass occurs when an individual enters or remains in a building, occupied structure, or on private land knowing they do not have the license or privilege to do so.
The severity of the charge depends heavily on the type of property involved, the method of entry, and whether the property owner provided clear notice against trespassing. The law divides trespassing into several distinct categories:
Buildings and Occupied Structures
The most serious forms of criminal trespass involve buildings or occupied structures. If a person gains entry by subterfuge (deception) or surreptitiously remains in a building, it is graded as a felony of the third degree. If a person physically breaks into a building or occupied structure—meaning they gain entry by force, intimidation, or unauthorized opening of locks—the charge is elevated to a felony of the second degree.
Defiant Trespass
Defiant trespass occurs when a person enters or remains in any place where notice against trespassing has been clearly given. Notice can be provided through actual verbal communication, posted signs, fencing designed to exclude intruders, or purple paint marks on trees or posts. Defiant trespass is generally charged as a misdemeanor of the third degree if the person defies a direct order to leave communicated by the owner or authorized person, or a summary offense in other circumstances.
Simple Trespass
Simple trespass is a summary offense that occurs when a person enters or remains in any place for the purpose of threatening the owner or occupant, starting a fire, or defacing the premises.
Penalties for Criminal Trespass in Pennsylvania
The penalties for criminal trespass vary widely based on the grading of the offense:
Second-Degree Felony: Up to 10 years in state prison and a maximum fine of $25,000. This applies to breaking into a building or occupied structure.
Third-Degree Felony: Up to 7 years in state prison and a maximum fine of $15,000. This applies to entering a building by deception or secretly remaining inside.
Misdemeanors (First to Third Degree): Depending on the specific defiant trespass or agricultural trespass circumstances, penalties can range from 1 to 5 years in prison and fines between $2,500 and $10,000.
Summary Offense: Up to 90 days in jail and a maximum fine of $300.
Defending Against Criminal Trespass Charges
A criminal trespass charge is not an automatic conviction. A skilled Philadelphia criminal defense attorney can challenge the prosecution’s narrative by demonstrating that the elements of the crime were not met. Common defense strategies include:
Lack of Knowledge or Intent: The statute requires that the accused “knew” they were not licensed or privileged to enter. If the entry was an honest mistake—such as wandering onto unmarked land or entering the wrong apartment by accident—the intent element is missing.
Consent or Privilege: If you had permission from the owner, a tenant, or an authorized agent to be on the property, or if the premises were open to the public at the time, you have a strong defense against trespass charges.
Inadequate Notice: In cases of defiant trespass, the prosecution must prove that proper notice was given. If signs were missing, obscured, or not posted in accordance with the law, the charge may be dismissed or reduced.
Criminal Trespass in Philadelphia – FAQs
Q: What is criminal trespass in Pennsylvania?
A: Criminal trespass occurs when a person knowingly enters or remains in a building, occupied structure, or on private property without the license, privilege, or permission to do so.
Q: How serious is a criminal trespass charge in Philadelphia?
A: It can be very serious. While simple trespass on open land might be a summary offense, breaking into a building or occupied structure is a second-degree felony, which carries up to 10 years in prison.
Q: What is the difference between criminal trespass and defiant trespass?
A: Criminal trespass generally refers to unlawfully entering buildings or structures. Defiant trespass specifically involves entering or remaining on property after receiving clear notice that trespassing is prohibited, such as through posted signs, fences, or direct verbal warnings.
Q: Can criminal trespass be expunged in Pennsylvania?
A: Yes, under certain conditions. Summary offenses can typically be expunged if you have been free of arrest or prosecution for five years. Misdemeanor convictions may be eligible for record sealing (Limited Access) after ten years. Felony trespass convictions generally cannot be expunged unless you receive a Governor’s Pardon.
Q: How much does a criminal trespass lawyer cost in Philadelphia?
A: The cost varies depending on whether the charge is a summary offense, misdemeanor, or felony, as well as the complexity of the case. Because felony trespass carries significant prison time, hiring an experienced attorney is a vital investment in your future.
