Penalties for Criminal Trespass
Criminal trespass is related to burglary but is generally considered to be a less serious crime.
It’s often a misdemeanor or an infraction.
In many states, though, it can even be a felony.
How seriously the offense will be treated depends on the circumstances of the case.
How much jail time do you get for trespassing?
All other forms of Criminal Trespass are misdemeanors. A Class 5 Felony is punishable between 1/2 to up to 2.5 years prison. It may be eligible with probation and up to 1 year in county jail. A class 6 Felony is punishable between 1/3 and up to 2 years prison.
What happens if you are charged with trespassing?
It’s common for someone caught trespassing to be arrested and placed in jail. If you are later convicted the trespassing charge the court may choose to sentence you to what is known as “time served.” As with a jail sentence, a court can impose a time served sentence in addition to a fine or other penalties.
Can trespassing charges be dropped?
Unfortunately, it is not up to the property owners. Only the government can file criminal charges. Once the police are involved and charges are filed, the district attorney is the only person that can drop the charges.
Does a trespassing warning show up on your record?
A trespass warning does not appear on your record. It is simply the first legal step to prevent an individual from trespassing on a given property. Correct, it is filed with the Police Department so that the police will know the warning has been issued if you are caught trespassing again.