Under Pennsylvania’s trespassing laws, a defendant can be charged with a misdemeanor or a felony, depending on the facts of a case. The difference between trespassing and burglary is that a person can be charged with burglary when they enter a building without permission and with the intent to commit a crime once they are inside. Various types of trespassing can be charged simply upon unauthorized entry into a building.
Defenses Against a Trespassing Charge
With proper representation by an experienced attorney, certain defenses that can be employed against a trespassing charge, but ignorance or mistakes in your understanding of the law are not valid excuses.
However, you can claim a defense against trespassing if you can prove you entered a property to prevent a public disaster or if you wanted to abate any public or private nuisance.
It’s also possible to claim that you had consent to enter a property. The consent can be implied from custom, conduct, or usage. But if you act beyond the scope of these actions, a trespassing charge may still apply.
Another plausible defense is that you entered another person’s property to remove your own private property.
Law enforcement and public safety personnel reasonably performing their duties are justified under the reason of authority.
Contact Peters Law Firm if you Have Been Charged with Criminal Trespassing
Peters Law Firm provides results-driven, affordable, and compassionate legal representation for clients in Scranton, Clarks Summit, and surrounding Northeastern Pennsylvania communities.
If you need a criminal lawyer or assistance with a criminal matter, contact us for a free initial consultation at our main office in Clark’s Summit at (570) 585-0707, our Scranton area office at (570) 963-1610, or our Tunkhannock and Wyoming County office at (570) 836-0700 today.