Criminal trespass can be in the first, second, or third degree – and ranges from a class 5 felony to a class 1 petty offense.

 

First-degree criminal trespass occurs when a person knowingly enters and unlawfully (without legal right to be there) enters another person’s home, or if a person enters someone else’s motor vehicle with intent to commit a crime therein. First-degree criminal trespass is a class 5 felony.

 

Second-degree criminal trespass occurs when a person either: (1) unlawfully enters or remains in or the premises of another, which are enclosed in a manner designed to exclude intruders or are fenced; or

(2) knowingly and unlawfully enters or remains in the common areas of a hotel, motel, condo, or apartment building; or, (3) knowingly and unlawfully enters or remains in a motor vehicle belonging to another. Second degree criminal trespass is a class 3 misdemeanor, but can be a class 2 misdemeanor if the premises have been designated as agricultural land. If the premises have been designated as agricultural and the accused had intent to commit a felony there, it would be a class 4 felony.

 

Kimberly Diego has experience defending charges of criminal trespass of varying degrees of severity, and does not charge for any initial consultations.