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I was arrested and charged with criminal trespass and

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defiant trespass. what are the...
i was arrested and charged with criminal trespass and defiant trespass. what are the penalties i should expect
Submitted: 5 years ago.Category: Criminal Law
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1/11/2012
Criminal Lawyer: Nate, Lawyer replied 5 years ago
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10,686
Experience: Over 10 years of criminal defense practice.
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Thank you for your question and welcome to JustAnswer.com.
Criminal Trespass itself is merely a summary offense.
Defiant Trespass under 18 Pa.C.S.A.§3503(b) carries a variety of possible punishments depending on the circumstances of the trespass.
"Except as provided in paragraph (1)(v), an offense under this subsection constitutes a misdemeanor of the third degree if the offender defies an order to leave personally communicated to him by the owner of the premises or other authorized person. An offense under paragraph (1)(v) constitutes a misdemeanor of the first degree. Otherwise it is a summary offense."
Unless you have an awful record, you are looking at a period of probation for these offenses.
If you require more information, I will be happy to follow up with you. In the meantime, please remember to click Accept so that I get credit for my time assisting you. If my answer has been especially helpful, please also consider a suitable BONUS.
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Customer reply replied 5 years ago
the "grade" of my criminal trespass is listed as F2. does that mean it's a felony? and if so what does that mean for my record? also would a lawyer possibly be able to lower my charges? my record is clean
Criminal Lawyer: Nate, Lawyer replied 5 years ago
it would be. I gathered from your initial question that this was a simple trespass. It appears to be under 18 Pa.C.S.A.§3503(a), which is a second degree felony. Still, if you have no record, it is likely you're looking at probation, not prison time.
A lawyer could possibly negotiate a reduction in the sentence and since you have no record, potentially get an outcome under theAccelerated Rehabilitative Disposition (ARD) act, which would allow you to expunge these from your record once probation is completed.
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Customer reply replied 5 years ago
you have been very helpful i have one more question i'm assuming there is a fine associated with these charges. any guess on what that may be? also i read this online about criminal trespass
(ii) breaks into any building or occupied structure
or separately secured or occupied portion thereof.
(2) An offense under paragraph (1)(i) is a felony of the
third degree, and an offense under paragraph (1)(ii) is a
felony of the second degree.
(3) As used in this subsection:
"Breaks into." To gain entry by force, breaking,
intimidation, unauthorized opening of locks, or through
an opening not designed for human access.
i did not cause any damage i hopped a short fence
"likely" no jail time did not but me at ease. with both charges how "likely" is it that i do not do time
Criminal Lawyer: Nate, Lawyer replied 5 years ago
I think if you just hopped a fence you have a better shot at getting this reduced to a misdemeanor all the way around. I do not think you should be concerned about jail time.
The potential fine varies depending on what you are convicted of. The range is from $500.00 for a summary offense to tens of thousands for felonies. Fines are usually not favored by the courts and are often not imposed, so I would suggest you not worry too much about the possibility of a fine.
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10,686
Experience: Over 10 years of criminal defense practice.
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Nate and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 5 years ago
thank you very much you were very helpful
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Nate
Nate
Nate, Lawyer
Category: Criminal Law
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