Types of Criminal Trespass and Attempted Criminal Trespass in Illinois

 Posted on January 16, 2017 in Criminal Defense

Trespassing is a serious offense, and many people in Illinois are charged with criminal trespass every year. If you are facing criminal trespassing charges, you should not delay in speaking with an experienced criminal defense attorney. A skilledlawyer can help you assess your legal options and can assist you with building adefense strategy.

Criminal trespassing under Illinois law occurs when a person unlawfully and without authority knowingly enters the property of another or remains on the property of another without permission. Criminal trespass exists in several forms including:

• Criminal trespass to a residence. Under 720 ILCS 5/19-4, the crime occurs whenever you knowingly and without permission enter the residence of another. Alternatively, it can be criminal trespass to a residence if you enter someone’s residence with permission, but then stay longer than you were authorized to stay. Criminal trespass to a residence might occur if you may have been invited to someone’s home for a party, but then you did not leave when you were asked to leave and you stayed in the home after your permission to be there had expired or been revoked.
• Criminal trespass to a vehicle. Under 720 ILCS 5/21-2, the crime of criminal trespass to a vehicle occurs when you access a vehicle belonging to someone else. The vehicle could be an automobile, a snowmobile, or a watercraft. It is also criminal trespass to a vehicle to operate someone else’s vehicle without permission. Carjacking or car theft is sometimes reduced to criminal trespass to a vehicle.
• Criminal trespass to real property. Under 720 ILCS 5/21-3, the crime of criminal trespass to real property happens when you enter property belonging to someone else without permission. It is also criminal trespass to property if you were permitted to be on the property, but are then asked to leave but you do not. This offense is common in situations where bar or restaurant patrons are asked to leave a bar or restaurant for being disruptive or fighting, but they do not leave the premises. It is also common for people to be charged with criminal trespass to real property when there are posted signs prohibiting entry onto someone’s property but the signs are ignored.

When the prosecution is unable to establish every element required to convict you of criminal trespass, of either a residence, vehicle, or real property, it might be possible to reduce the charges against you to attempted criminal trespass. This means that there was evidence to suggest you were trying to commit a criminal trespass but did not successfully complete the trespass.

Criminal Trespassing Charges Need A Defense Lawyer

Criminal trespassing charges can truly affect your future in a negative manner. You need the help of an experienced professional who will be able to help you through the legal system. Do not hesitate and reach out to an experienced Rolling Meadows criminal defense attorney as soon as possible.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K19-4