09/05/2024
6 minutes of reading
© 2024 Ktenas Law LLC. All Rights Reserved
09/05/2024
6 minutes of reading
Being convicted of a criminal offense in Illinois means it will stay on your criminal record permanently. While criminal trespassing might not seem like a big deal, it can have long-lasting consequences. A conviction will remain on your record, impacting everything from job interviews to college admissions.
To avoid a permanent mark on your record, it’s crucial to understand how a trespassing conviction can affect your future and why having a skilled criminal defense attorney is essential.
Our experienced lawyers are here to guide you through the legal process and protect your rights. Contact us today for a free consultation and let us help you safeguard your future.
The definition of trespassing is to be in a place you should not be; criminal trespassing is thus defined as entering or remaining on someone else’s property without their permission or when it is prohibited.
There can be various instances in which someone can claim a lawsuit against you for such charges under Illinois Law. Some examples of criminal trespassing may include but are not limited to:
Depending on the severity of trespassing and whether it was combined with another crime like property damage, your penalty can vary. Having an experienced attorney by your side will help you analyze the situation better. They will also provide you with options so that they can work towards reducing your charges or completely removing them so that it doesn’t stay on your record.
If a person or company is pressing charges against you for trespassing on their land, they will have to prove certain factors in court. For a trespass charge, the prosecutors would need to prove that you entered a property that you were not allowed to enter.
Additionally, they would also have to show that there was a warning, in written or oral form from the author. They also should have a notice clearly stating ‘No Trespassing’ at the entrance or the abandoned area at the time of your entrance. The owner should place the notice at a level from which it would be visible to any passerby or a person who would try to enter the land.
Since the conditions are quite critical, an attorney can help you in winning the case by taking benefit of all these intricacies. However, if you are alone, it will be different since you may not be aware of how to question the prosecutor for the charges pressed against you.
If you are concerned about the criminal trespassing charges in Illinois, you would want to know that they can be quite severe. Depending on your situation, you can be charged with a class A misdemeanor to a class 4 felony.
Class A misdemeanor is classified as the highest form of a misdemeanor and comes just under a felony charge. The penalty for it includes up to 1 year in jail and a fine of up to $2,500. In comparison to that, a class 4 felony is the lowest form of a felony. However, because the consequences can be quite serious with a felony, the penalty will include up to 3 years in jail and a fine of up to $25,000.
Related: Penalties for vandalism in Illinois
After understanding the charges that you could face if charged with trespassing, we believe that you would now better understand why you need a lawyer. However, it is also imperative to know how an experienced lawyer can fight your case better. It is crucial so that when you book a consultation session with an attorney, you will know if they are right for you or not.
Depending on your case, a lawyer can use different ways to defend you so that they can try all the possibilities to save your reputation and reduce your charges. Some of these methods include:
While it may seem pretty obvious, a lawyer can use the information you provide them to prove that even if there wasn’t written or verbal consent, the owner implied it. For example, they can use your previous interactions with the owner to prove that the act was innocent, and that you didn’t mean to trespass on their personal property. While written consent holds much more importance in court, for trespassing cases, verbal or implied consent also works.
For both, public and private property, a lawyer could defend your case if you trespassed because of an emergency. For example, if a child was injured and required help or if the same was the case with an animal and you tried to call for help, but there was no one on the property, so you had to go and rescue them; a lawyer can easily defend your case.
While there are still quite a few other factors that only your lawyer can explain to you better, depending on the individual case, your lawyer will ensure that you are not convicted of trespassing because of an emergency.
If someone steals your personal property, like your car, you have the legal right to reclaim it, even if it requires you to enter their property. Even apart from stealing, if, for any other reason like ‘act of God’ your vehicle is now in some other vicinity, you can reclaim it without being charged for trespassing.
Lastly, for those who are concerned about the cost of the lawyer, it is best to first book a free consultation session with an experienced defense lawyer, like those at Ktenas Law.
Once you have discussed your case with our attorney, you will get a better idea of how complex or simple the case is, and how much effort the lawyer will have to put into your case. Depending on these and several other factors, you will get an estimate as to how much will it cost you.
If you're facing criminal trespassing charges in Chicago, it's essential to understand the serious consequences that can follow a conviction. Even though criminal trespassing may seem minor, it can result in a permanent mark on your record, impacting your job prospects, educational opportunities, and more.
At Ktenas Law, our experienced criminal defense attorneys specialize in defending against trespassing charges and will work to protect your rights.
We’ll guide you through the legal process and build a strong defense to help secure the best possible outcome for your case. Contact us today for a free consultation.
