What is Criminal Trespass to Real Property?
Under Illinois Law, (720 ILCS 5/21 3), a person commits Criminal Trespass to Real Property if he or she:
(1) knowingly and without lawful authority enters or remains within or on 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
(4) 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.
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 means of avoiding jail and a conviction.
To note, under 720 ILCS 5/21-3, a violation may be charged as a Class A misdemeanor if the person enters and remains in the following property with a motor vehicle after receiving notice that such entry is prohibited on:
(1) a field that is used for growing crops or that is capable of being used for growing crops; (2) an enclosed area containing livestock; (3) an orchard; and (4) a barn or other agricultural building containing livestock. If the case is a Class A Misdemeanor, it is punishable up to one year in jail. However, Court supervision may available as an alternative sentence to jail and will not be considered a criminal conviction on you record if Court Supervision is successfully completed.
The Chicago criminal defense attorneys at Legal Defenders, have extensive experience representing individuals charged with Criminal Trespass to Real Property throughout the Chicago area. The Chicago 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 Chicago 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.
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What is Criminal Trespass to Vehicle?
Under Illinois law, (720 ILCS 5/21 2), a person commits Criminal Trespass to Vehicle if he or she knowingly and without authority enters any part of or operates 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 court supervision is successfully completed.
The Chicago criminal defense attorneys at Legal Defenders, P.C., have an extensive amount of experience representing individuals charged with Criminal Trespass to Vehicle throughout the Chicago area. The Chicago 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 Chicago 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.
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What is Criminal Damage to Property?
Under Illinois Law, (720 ILCS 5/21-1), (1) a person commits Criminal Damage to Property, if:
(a) knowingly damages any property of another; or
(b) recklessly by means of fire or explosive damages property of another; or
(c) knowingly starts a fire on the land of another; or
(d) knowingly injures a domestic animal of another without his consent; or
(e) knowingly deposits on the land or in the building of another any stink bomb or any offensive smelling compound and thereby intends to interfere with the use by another of the land or building; or
(f) damages any property, other than as described in subsection (b) of Section 20‑1, with intent to defraud an insurer; or
(g) knowingly shoots a firearm at any portion of a railroad train.
A Violation of above sections (a), (b), (c), (e), and (f) are Class A misdemeanors if the damage to property does not exceed $300. If the damage exceeds $300 but is less than $10,000, it is considered a Class 4 felony. If the damage to the property exceeds $10,000 but does not exceed $100,000, it is considered a Class 3 felony. If the damage exceeds $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.
for a Confidential Consultation
The Chicago criminal defense attorneys at Legal Defenders, P.C., have extensive experience representing individuals charged with Criminal Trespass to Property throughout the Chicago area. We make every effort to exploit each and every weakness in the State’s case and vigorously cross examine the State’s witnesses. The Chicago 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 Chicago 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.
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