Criminal Trespass/Damage to Property

What is Criminal Trespass to Real Property?

Under 720 ILCS 5/21-3, you may be guilty of Criminal Trespass to Real Property if you enter someone's property without their permission or after being asked to leave.

Most of the cases we see involve people who are in a bar, restaurant or public venue and are asked to leave, and they refuse. Another common example is when someone enters an area that is clearly marked as forbidding entry. A violation of this Section is considered a Class B misdemeanor that is punishable by up to 6 months in jail. However, Court Supervision may be available as a means of avoiding jail and conviction.

Under 720 ILCS 5/21-3, you may be charged with a Class A misdemeanor if you unlawfully enter a property with a motor vehicle. A Class A Misdemeanor is punishable up to one year in jail. However, Court supervision is available as an alternative sentence to jail and will not be considered a criminal conviction on you record if you successfully complete your Court Supervision.

The criminal defense attorneys at Legal Defenders have extensive experience representing individuals charged with Criminal Trespass to Real Property throughout Cook, Lake, DuPage and Kane County. The criminal defense attorneys at Legal Defenders, P.C., will use their many years of experience to exploit every weakness in the State's case. We understand the differences between misdemeanor and felony Criminal Trespass to Real Property and know the various defenses available for a successful defense to the charge of Criminal Trespass to Real Property. The criminal defense attorneys at Legal Defenders, P.C., will examine all aspects of the charges of Criminal Trespass to Real Property and use their experience and knowledge of the law to come up with the best strategy to fight the charges of Criminal Trespass to Real Property.

What is Criminal Trespass to a Residence?

Under 720 ILCS 5/21-3, you may be guilty of Criminal Trespass to a Residence if you remain

without authority, knowingly enter or remain within any residence, including a house trailer, OR

knowingly enter the residence of another and know, or have reason to know, that one or more persons are present, or, knowingly enter the residence of another and remain in the residence after you have reason to know that one or more persons are present.

The sentence for Criminal Trespass to a Residence is a Class A Misdemeanor under paragraph (1) and a Class 4 Felony under paragraph (2).

If the case is a Class A Misdemeanor, it is punishable by up to one year in jail. However, Court Supervision may be available as an alternative sentence to jail and is not considered a conviction on your criminal record if you successfully complete your Court Supervision. If the case is charged as a Class 4 felony, it carries a possible prison sentence of between 1 to 3 years in jail. However, probation is available as an alternative to a jail sentence.

The criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing individuals charged with Criminal Trespass to a Residence throughout Cook, Lake, DuPage and Kane County. The criminal defense attorneys at Legal Defenders, P.C., understand the differences between misdemeanor and felony Criminal Trespass to a Residence and understand the various defenses available for a successful defense to the charge of Criminal Trespass to a Residence. The criminal defense attorneys at Legal Defenders, P.C., will examine all aspects of the charges of Criminal Trespass to Residence. We will use our experience and knowledge of the law to come up with the best strategy to fight the charge of Criminal Trespass to a Residence.

What is Criminal Trespass to Vehicle?

Under 720 ILCS 5/21-2, you may be guilty of Criminal Trespass to Vehicle if you knowingly and without authority enter any part of or operate any vehicle, aircraft, watercraft or snowmobile.

A violation of this section is considered a Class A misdemeanor which is punishable by up to 1 year in jail. However, Court supervision may be available as an alternative to jail, and a will not be considered a criminal conviction on your criminal record if you successfully complete your court supervision.

The criminal defense attorneys at Legal Defenders, P.C., have an extensive amount of experience representing individuals charged with Criminal Trespass to Vehicle throughout Cook, Lake, DuPage and Kane County. The criminal defense attorneys at Legal Defenders, P.C., have a thorough understanding of the laws involving Criminal Trespass to Vehicle and understand the various defenses available for a successful defense to the charge of Criminal Trespass to Vehicle. The criminal defense attorneys at Legal Defenders, P.C., will examine all aspects of the charges of Criminal Trespass to Vehicle and use their experience and knowledge of the law to come up with the best strategy to fight the charges of Criminal Trespass to Vehicle.

What is Criminal Damage to Property?

Under 720 ILCS 5/21-1, you may be guilty of Criminal Damage to Property, if you:

  • knowingly damage anyone else's property; or
  • recklessly use fire or an explosive to damage someone's property; or
  • start a fire on someone's land; or
  • injure someone's domestic animal; or
  • put a stink bomb or any offensive smelling item on someone's property with the intent to defraud an insurance company, or
  • shoot a gun at a train.

A Violation of sections (a), (b), (c), (e), and (f) are Class A misdemeanors if the damage to property is not more than $300. If the damage is more than $300 but is less than $10,000, it's a Class 4 felony. If the damage to the property is more than $10,000 but is less than $100,000, it is considered a Class 3 felony. If the damage is more than $100,000, it is considered a Class 2 felony. A violation if section (g), is considered a Class 4 felony.

However, the sentence under sections a), (b), (c), (e), and (f) are enhanced by one level if the damage occurs to property of a school or place of worship or to farm equipment or immovable items of agricultural production, including but not limited to, grain elevators, grain bins, and barns. For example, a Class 3 felony becomes a Class 2 felony or Class 2 felony can become a Class 1 felony.

Probation may be available for the felonies described above as an alternative to jail. As for the misdemeanor charges, Court supervision may be available as an alternative to jail and will not be considered a criminal conviction on your record if you successfully complete court supervision.

Why Hire The Legal Defenders for Your Criminal Trespass/Damage to Property Case?

The criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing individuals charged with Criminal Trespass to Property throughout Cook, Lake, DuPage and Kane County. We make every effort to exploit each and every weakness in the State's case and vigorously cross-examine the State's witnesses.

The criminal defense attorneys at Legal Defenders, P.C., understand the differences between misdemeanor and felony Criminal Trespass to Property and understand the various defenses available for a successful defense to the charge of Criminal Trespass to Property.

The criminal defense attorneys at Legal Defenders, P.C., will examine all aspects of the charges of Criminal Trespass to Property and use their experience and knowledge of the law to come up with the best strategy to fight the charges of Criminal Trespass to Property.

Are you facing Criminal Trespass or Criminal Damage to Property charges in Cook, Lake, DuPage or Kane County? Give us a call.  We can help.