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Direct 312-498-8421

Chicago Criminal Trespass Lawyer

private property, no trespass sign in a field

What constitutes trespassing in Illinois?

Under Illinois criminal law, criminal trespassing is a property-type crime. By definition, trespass occurs when a person knowingly and without authority enters a place where they are not legally supposed to be.

In Illinois, trespassing is not limited to unauthorized entry onto private residential or commercial properties. Other forms of trespass include entering nuclear facilities without authorization, trespassing on state-supported lands such as schools (“safe school zones”), or agricultural property and industrial properties without proper consent.

Entering a vehicle without the owner’s consent, known as “trespass to vehicles,” is also considered a criminal act in Illinois.

Criminal trespass becomes aggravated under certain circumstances, such as when a person enters a place of public amusement, such as a theater or sports stadium, after being told they cannot enter or must leave. Trespassers who cause criminal damage to property that exceeds $500 or intend to commit harm to an individual may be charged with a felony,

Different types of trespassing charges in chicago

Trespassing charges in Illinois can range in severity from a Class C misdemeanor to a Class 3 felony, depending on the specifics of the trespass committed.

For instance, trespassing on real property typically results in a Class B or Class A misdemeanor charge. If the trespass occurs on agricultural land intending to damage the property or if the trespassing occurs within certain secure or sensitive areas, such as a nuclear facility, it might invoke a felony charge.

Criminal trespass to vehicles

Under Section 720 ILCS 5/21-2, a criminal trespass to a motor vehicle occurs when a person knowingly and without authority enters any part of or operates any vehicle, aircraft, watercraft, or snowmobile.

Criminal trespass to vehicles is a Class A misdemeanor.

Criminal trespass to real property

Under Section 720 ILCS 5/21-3, Criminal trespass to real property occurs when a person knowingly and without lawful authority enters or remains within a building or land of another after receiving notice from the owner or occupant to depart.

Criminal trespass to real property is a Class A or Class B misdemeanor.

Criminal Trespass to State-Supported Land

Under Section 720 ILCS 5/21-5, Criminal Trespass to State-Supported Land occurs when a person enters land supported with State or federal funds after being told to leave.

Criminal trespass to state-supported land is a Class A misdemeanor but can be charged as a Class 4 felony for repeat offenders.

Criminal trespass to a safe school zone

Under Section 720 ILCS 5/21-5.5, Criminal Trespass to a Safe School Zone occurs when a person enters or remains in a safe school zone without lawful business.

Criminal Trespass to a Safe School Zone is a Class A misdemeanor.

Criminal trespass to restricted Landing areas at airports

Under Section 720 ILCS 5/21-7, Criminal Trespass to Restricted Areas and Restricted Landing Areas at Airports occurs when a person enters upon or remains in any restricted area or restricted landing area used in connection with an airport facility while in possession of a weapon, after receiving notice that the entry is forbidden.

Criminal trespassing to Restricted areas and restricted Landing areas at airports is a Class A misdemeanor, but if the offender impersonates an official or possesses a weapon, it can be charged as a Class 3 for 4 felony.

Criminal trespass to a nuclear facility

Under Section 720 ILCS 5/21-8, a Criminal trespass to a nuclear facility occurs when a person knowingly and without lawful authority enters or remains within a nuclear facility.

Criminal trespass to a nuclear facility is a Class 4 felony.

Criminal trespass to a place of public amusement

Under Section 720 ILCS 5/21-9, Criminal trespass to a place of public amusement occurs when a person knowingly and without lawful authority enters or remains on any portion of a place of public amusement after having received notice that the general public is restricted from access to that portion of the place of public amusement.

A criminal trespass to a place of public amusement is a Class 4 felony.

no trespassing signs on a chain link fence

Consequences of Trespassing Conviction

Consequences for a trespassing conviction might entail court fines, restitution payments to property owners, community service, a jail sentence, or more severe repercussions in the case of felony charges.

A criminal record of trespass can also have long-standing impacts, affecting one’s employment opportunities, housing options, and overall reputation.

A criminal trespass defense lawyer specializing in criminal defense within Chicago, Cook County, Will County or DuPage County would have extensive experience tailoring an aggressive defense strategy against the various types of criminal trespassing charges and their associated criminal penalties.

Can I fight a trespassing charge?

Yes, with the help of a skilled criminal defense lawyer, Mitch Furman, it is possible to fight a trespassing charge.

After reviewing the specific facts of your case, Chicago Premier Attorney Mitch Furman can help you understand your options and recommend the best common defense during your legal action.

Whether through negotiation for reduced charges, plea bargaining, or mounting a defense at trial, our lawyers will work zealously towards ensuring a fair legal process and aim for a favorable resolution.

The Role of a Criminal Trespass Defense Lawyer

A trespass lawyer in Chicago is a type of criminal defense attorney with extensive experience in cases involving allegations of unauthorized entry onto another’s property.

They specialize in understanding the nuances of the state’s laws dealing with criminal trespass and are adept at navigating the legal system on behalf of their clients.

Such lawyers focus on protecting the rights of the accused while aiming to achieve the best possible outcome, whether it be dismissal of charges, reduced penalties, or acquittal.

The importance of getting legal counsel for trespassing charges

Hiring a trespass lawyer is vital for anyone facing criminal trespass charges due to the complexities involved in property laws and the consequences of a potential criminal conviction.

A skilled criminal attorney who is familiar with the investigative process, the prosecution’s tactics, and the legal defenses available. They can critically evaluate the evidence against the accused and offer an aggressive defense by negotiating with prosecutors or arguing before a judge or jury.

Without knowledgeable legal counsel, individuals may be at risk of not adequately asserting their rights or undermining their defense. A criminal defense lawyer’s extensive experience in these cases can make a significant difference in navigating these charges.

Experienced Defense Attorney Mitch Furman

At Law Offices of Mitch Furman, our familiarity with state laws and local ordinances is crucial in mitigating the consequences of a trespassing charge and safeguarding our clients’ legal rights.

Whether representing those accused of trespassing on residential property or providing a defense for individuals facing criminal charges for trespassing on more specialized premises, our lawyers seek to prevent a criminal conviction that could significantly disrupt our clients’ lives.

Our law firm will utilize an effective defense strategy tailored to your specific criminal case to assure an acquittal of your charges. If you are involved in a legal action involving entering a building without permission, committing a trespass to land, or being on private property without the property owner’s consent, contact our law offices today.

Call Chicago Premier Attorney, Law Offices of Mitch Furman, today for a free initial consultation.

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