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Illinois Criminal Trespass to Real Property

Have you been charged with criminal trespass to property? Do you need help fighting the charge? Illinois prosecutors, judges, and juries take the crime of criminal trespass very seriously. You need an experienced Chicago criminal defense lawyer to represent you in your Criminal Trespass to Property Charge.

What is Criminal Trespass to Real Property in the State of Illinois?

Criminal trespass to real property in Illinois occurs when a person:

  • (1) Knowingly and without lawful authority enters or remains on or within a building; or
  • (2) Enters upon the land of another after receiving, prior to such entry, notice from the owner or occupant that such entry is forbidden; or
  • (3) Remains upon the land of another after receiving notice from the owner or occupant to depart; or
  • (3.5) Presents false documents or falsely represents his or her identity orally to the owner or occupant of a building or land in order to obtain permission from the owner or occupant to enter or remain in the building or on the land.

The Possible Penalties You Face in a Criminal Trespass to Property Case

The offenses listed in (1) through (3.5) are Class B misdemeanors punishable by up to six months in county jail and a fine of up to $1,500. Criminal trespass to real property moves up to a Class A misdemeanor offense if you use a motor vehicle to enter or remain on certain agricultural lands after being notified that your presence is forbidden.

A Class A misdemeanor means up to one year in jail and a fine up to $2,500. But Court Supervision may be available to some defendants as a way to avoid time in the county jail and a criminal conviction on your record. But you must successfully complete your period of Court Supervision to avoid a criminal record. Court Supervision is not a conviction, and results in dismissal of your case upon successful completion of the terms of your Supervision.

Conditional discharge (non-reporting probation) and probation are other possible outcomes for a criminal trespass to real property misdemeanor charge. Probation and conditional discharge both result in criminal convictions, so under either of these scenarios, you will end up with a criminal record. The maximum duration for Court Supervision or a sentence of probation or conditional discharge is two years.

You Need Good Legal Counsel to Avoid the Lifelong Problem of a Criminal Record

The long-term consequences of even a misdemeanor conviction can stay with you for life. Applications for jobs, housing, credit, and professional licenses, among other things could get turned down over and over again just because you have a conviction on your record.

You need a skilled Chicago criminal defense lawyer to help you avoid a criminal record and its serious consequences for your prospects in life. Experienced Chicago criminal defense lawyer Michael P. Schmiege will examine the facts of your case and work with you to build your defense. Mr. Schmiege has experience handling all levels of misdemeanor cases in Illinois. He will work with you to win Court Supervision and dismissal of your criminal trespass charge. Mr. Schmiege’s wise and experienced counsel could help you to avoid the lifelong consequences of a criminal conviction on your record.

Contact Chicago criminal defense lawyer Michael P. Schmiege when you’re charged with criminal trespass to property and in need of able legal counsel to beat the charge.

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