Those charged with Criminal Trespass are facing either misdemeanor or felony charges depending on the circumstances of their arrests. Criminal Trespass typically requires that the party be made aware they are not welcome on the property before entry or an opportunity to vacate said property before charges can be brought. Criminal Trespass is commonly charged in one of several ways such as:
- Criminal Trespass to Real Property ranges between a Class B Misdemeanor and a Class A Misdemeanor depending on the location type. This charge is punishable by between a maximum of 180 – 364 days in County Jail and fines between $1500 - $2500 or a combination of the two.
- Criminal Trespass to Residence ranges between a Class A Misdemeanor with a maximum punishment of 364 days in County Jail and a fine of up to $2500 or a combination of the two; it could be as serious as a Class 4 Felony with a sentencing range of 1 – 3 years (3 – 6 years if eligible for extended term) in the Illinois Department of Corrections and a fine of up to $25,000 or a combination of the two.
- Criminal Trespass to Vehicles is a Class A Misdemeanor with a maximum punishment of 364 days in County Jail and a fine of up to $2500 or a combination of the two
- Additional forms of Criminal Trespass include on State Supported Land, Places of Public Amusement, and to Schools.
It is important to hire an experienced attorney who is well-versed in criminal matters to assist in defending against these charges. Depending on the circumstances, an attorney may be able to successfully defend against the charges or mitigate the penalties imposed.
SOURCE(S): 720 ILCS 5/21-3, 720 ILCS 5/19-4, 720 ILCS 5/21-2, 720 ILCS 5/21-5, 720 ILCS 5/21-9, 720 ILCS 5/21-5.5