Understanding Criminal Trespass Charges in Pennsylvania

If you’ve been charged with criminal trespass in Philadelphia or anywhere in Pennsylvania, here’s what you need to know about the law, the penalties, and how an experienced criminal defense attorney can fight for your rights.

What Is Criminal Trespass in Pennsylvania?

Under 18 Pa. C.S. § 3503, criminal trespass occurs when someone enters or remains in a building or occupied structure without permission. Pennsylvania law breaks trespass down into two main types:

1. Break-In Trespass (Felony)

This involves entering a building or structure by force, deception, or without the owner’s consent. It’s usually charged as a felony, especially when someone:

• Breaks a lock, door, or window

• Uses trickery to gain entry (e.g., impersonating a utility worker)

• Enters a property that’s clearly closed to the public

2. Defiant Trespass (Summary or Misdemeanor)

This applies when someone enters or remains on property after being told not to—either verbally, by signage, or fencing. This is often charged as a summary offense or third-degree misdemeanor, depending on the situation.

Examples of Criminal Trespass

• Entering an abandoned or boarded-up building

• Staying in a store after closing, despite being told to leave

• Going onto private property posted with “No Trespassing” signs

• Entering someone else’s apartment without permission

• Returning to a location after being previously banned

Intent matters. If you knowingly entered without permission—or stayed after being asked to leave—you could be charged.

Penalties for Criminal Trespass in Pennsylvania

Penalties vary based on the circumstances and how the offense is charged:

Felony of the Second Degree (Forced Entry)

• Up to 10 years in prison

• Up to $25,000 in fines

• Permanent felony record

Felony of the Third Degree (Unlawful Entry into a Structure)

• Up to 7 years in prison

• Fines up to $15,000

Misdemeanor of the Third Degree (Defiant Trespass with Notice)

• Up to 1 year in jail

• Up to $2,500 in fines

Summary Offense (General Defiant Trespass)

• Up to 90 days in jail

• Fine up to $300

In Philadelphia, even a summary offense can lead to probation, court supervision, or community service—especially if it happens on public or government property.

How a Criminal Defense Lawyer Can Fight Trespass Charges

A skilled defense attorney can use a number of strategies to challenge trespass charges, including:

✅ Lack of Intent – You didn’t know the property was private or believed you had permission to enter
✅ No Proper Notice – There were no signs, fences, or verbal warnings
✅ Mistaken Identity – You were wrongly identified as the person who entered the property
✅ Consent – You were invited in or had lawful business to be there
✅ Mental Health or Crisis – Your actions were influenced by a mental health condition, which may lead to diversion instead of jail

Your lawyer will also examine whether the arrest was legal, whether the building qualifies as an “occupied structure” under Pennsylvania law, and whether prosecutors can prove the case beyond a reasonable doubt.

Don’t Let a Trespass Charge Ruin Your Record

Many people think trespassing is a minor issue, but it can lead to serious consequences. A conviction can impact employment, housing, and your reputation—especially if charged as a felony. Early legal intervention can often lead to dismissal, reduced charges, or diversion programs that avoid a conviction entirely.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve been charged with criminal trespass in Philadelphia or anywhere in Pennsylvania, you need a lawyer who understands the law and how local courts handle these cases. With over 30 years of experience, Mark D. Hauser is here to defend your rights and fight for the best possible outcome.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.