Trespassing can be a victimless crime, especially if you mean no harm. However, landowners take their property rights seriously in Pennsylvania and may take disproportional legal action against trespassers.

If you were charged with criminal trespassing in Harrisburg, you need an experienced property crimes defense lawyer from Mette Attorneys at Law. Trespassing can have both civil and criminal consequences, so let us prepare the best defense in your case. Call (717) 232-5000 or connect with our trespassing defense team online.

Elements of Criminal Trespassing in Pennsylvania

Trespassing is a specific intent crime criminalized under 18 Pa.C.S.A. § 3503, which places trespassers into one of the following categories:

Trespassers in Buildings and Occupied Structures

You’re guilty of trespassing under § 3503(a) if you enter, remain upon, or break into any building or occupied structure while knowing you are not permitted on the premises. This is a third-degree felony in Harrisburg, even if you were just looking for a warm place to sleep.

Defiant Trespasser

You’re considered a defiant trespasser under § 3503(b) if you knowingly enter into or remain in any place after being asked to leave verbally or via signage. This includes being asked to leave by the property owner, manager, or law enforcement. It also includes intentionally ignoring no trespassing signs, bypassing fencing, entering school grounds or areas without express permission, or ignoring purple paint markings on certain trees or posts.

Simple Trespassing

Simple trespassing is anything but simple under § 3503(c). It involves knowingly entering onto a property or remaining thereon to threaten or terrorize the owner or occupant, start a fire, or cause property damage. It’s often charged in combination with other more serious offenses, even though it’s only a summary offense in Harrisburg.

Agricultural or Biosecurity Trespassers

You might also be charged with trespassing if you knowingly enter private lands or secured areas. While seemingly harmless, even taking shortcuts through agricultural land is a criminal trespass in Harrisburg.

If you’ve been charged with criminal trespassing under any section of 18 Pa.C.S.A. § 3503, immediately discuss strong potential defenses with our experienced Harrisburg trespassing defense lawyers.

Defenses to Harrisburg Trespassing Charges

Pennsylvania recognizes specific defenses to trespassing within the statute itself. Under 18 Pa.C.S.A. § 3503(c), a dedicated attorney might raise the following defenses:

• Occupied building was abandoned
• The premises were open to the public
• Reasonable belief that the owner or manager of the property would have consented to the alleged trespasser’s presence
• Unarmed retrieval of a hunting dog

Certain common law defenses, such as necessity, might also defeat trespassing charges in Harrisburg. Our lawyers might raise the necessity defense if trespassing was necessary to prevent greater harm, such as jumping into a neighbor’s pool to save a child from drowning or to avoid serious harm.

Criminal Trespassing Defense Attorneys in Harrisburg

Trespassing is an intentional crime. You must know or have reason to know that your presence was unlawful, which prosecutors must show with convincing evidence. Our experienced property crimes defense lawyers might help you defeat felony or misdemeanor trespassing charges in Harrisburg. Confidentially discuss your case with our legal professionals today by calling (717) 232-5000 or connecting with us online.