Criminal Trespass

The criminal defense attorneys at The Davis Law Group, P.C. are committed to ensuring our clients have the best defense strategy to minimize the negative impact a criminal charge can have on their lives. Our experienced attorneys can assist with any criminal charge, including Criminal Trespass, throughout Illinois and the Chicagoland area.

Under Illinois law, there are many types of Criminal Trespass, such as Criminal Trespass to a residence, real property, a vehicle, state supported land, a safe school zone and a place of public amusement. Criminal Trespass is generally a misdemeanor, but the class of misdemeanor is dependent on where the trespass allegedly took place. It is important to note that Criminal Trespass will be charged as a felony under certain circumstances.

Criminal Trespass to a residence (720 ILCS 5/19-4) is generally charged as a Class A misdemeanor, but may be charged as a Class 4 felony if (1) the trespasser knew or had reason to know that someone was in the residence or (2) the trespasser remained in the residence after he/she knew or should have known that someone was in the residence. If charged as a misdemeanor, a sentence of court supervision may be available based on a number of factors.

Committing Criminal Trespass to real property (720 ILCS 5/21-3) can occur in various ways, such as entering a building without permission, entering or remaining on the land of another after having notice to leave, or falsely representing yourself or presenting false documents in order to obtain permission to enter or remain on the land. Criminal Trespass to land is generally charged as a Class B misdemeanor, but under rare circumstances will be charged as a Class A misdemeanor.

Criminal Trespass to a vehicle and to state supported land are charged as Class A misdemeanors. Criminal Trespass to a vehicle (720 ILCS 5/21-2) is defined as knowingly entering or operating a vehicle, aircraft, watercraft or snowmobile without authority. Criminal Trespass to state supported land (720 ILCS 5/21-5) will be charged when a person enters land supported by state or federal funds after receiving notice not to enter or receiving notice to leave once he/she has entered. It will also be charged if a person presents false documents or falsely representing his/her identity in order to obtain permission to enter.

Other types of Criminal Trespass include trespass to a safe school zone and a place of public amusement. A student or school employee will be charged with criminal trespass to a safe school zone, a Class A misdemeanor, if he/she enters or remains in the safe school zone after being denied access because of suspension, expulsion or dismissal for disruption. Criminal Trespass to a place of public amusement is a Class 4 felony and will be charged if he/she enters or remains on a place of public amusement after receiving notice that the public is prohibited from accessing the area or he/she presents false documents or falsely represents his/her identity to obtain permission to enter.

A charge of Criminal Trespass can have serious consequences and consulting with an experienced attorney is strongly recommended. If you have been arrested for Criminal Trespass in the Chicagoland area including Cook, Lake or DuPage Counties, please feel free to contact defense attorneys at The Davis Law Group, P.C. to discuss your case.