Understanding Criminal Trespass vs. Defiant Trespass in Pennsylvania

Whether the incident occurred at a home, business, school, or public facility, a criminal defense attorney can help you fight the charge and protect your record.

What Is Criminal Trespass in Pennsylvania?

Criminal trespass under 18 Pa. C.S. § 3503(a) involves knowingly entering or remaining in a place where you are not authorized to be. This typically applies to buildings, homes, or structures—and the key factor is lack of permission.

There are two main levels of criminal trespass:

🔹 Felony of the Second Degree

You break into a building—meaning forced entry or bypassing security (e.g., locked doors or windows).
Penalty: Up to 10 years in prison and a $25,000 fine

🔹 Felony of the Third Degree

You enter or remain in a building knowing you’re not allowed, but without breaking in (e.g., walking through an open door).
Penalty: Up to 7 years in prison and a $15,000 fine

What Is Defiant Trespass in Pennsylvania?

Defiant trespass under 18 Pa. C.S. § 3503(b) is a less serious offense and typically charged when:

• You enter or remain on someone’s property after being told not to

• You ignore a sign, barrier, or verbal warning

• You return to a business you were banned from

• You’re on private land clearly marked as restricted

Defiant trespass is usually graded as a summary offense or misdemeanor, depending on the circumstances:

• Summary offense: Fine up to $300 and 90 days in jail

• Third-degree misdemeanor (e.g., if a request to leave is ignored): Up to 1 year in jail

Criminal Trespass vs. Defiant Trespass: Key Differences

FeatureCriminal TrespassDefiant TrespassLevel of offenseUsually a felonySummary or misdemeanorWhere it occursInside a building or structureOn land or premisesHow it occursEntry without permissionEntry after notice to stay offUse of forceOften involves forced entryNo force requiredExampleEntering a locked houseRefusing to leave a store after warning

Common Situations That Lead to Trespass Charges

• Entering an abandoned house without permission

• Sneaking into a private event or club

• Refusing to leave a store or bar after being asked

• Crossing onto someone’s posted land

• Returning to a school or workplace after being banned

Sometimes these situations result from misunderstandings—or officers escalate minor disputes into criminal charges.

Possible Defenses Against Trespass Charges

A criminal defense attorney may challenge the case by arguing:

✅ You had permission or a reasonable belief you did
✅ You were never clearly told to leave
✅ The property was open to the public at the time
✅ You didn’t enter the building knowingly or unlawfully
✅ You were on the premises for a lawful purpose (e.g., delivering a package)
✅ Lack of intent or misunderstanding

If appropriate, your attorney may also negotiate to reduce the charge to a summary citation or have it dismissed entirely.

Can a Trespass Charge Be Expunged in Pennsylvania?

Yes—especially for first-time offenders or if:

• The charge is withdrawn or dismissed

• You complete a diversion program

• You are convicted of a summary offense and five years pass

• You receive a pardon (for felony cases)

An attorney can help file the paperwork and restore your clean record.

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

Whether you're facing a felony trespass charge or a summary citation for defiant trespass, the consequences can affect your job, housing, and future. With over 30 years of experience in Philadelphia and throughout Pennsylvania, Mark D. Hauser knows how to challenge trespass cases and fight for the best outcome.

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