Criminal Trespass Attorney Lake County, Illinois
Lake County CRIMINAL TRESPASS charges take many different forms. If you are accused of a trespassing charge in Lake County court, you can be charged with trespassing on land, in a building, to a vehicle, or at someone’s residence. Depending on how you are charged, your trespassing case can be punished by varying degrees of penalties. Your trespassing charge might be issued as an ordinance violation, a misdemeanor, or a felony offense. The HoffmanLaw Office has many years of Lake County courtroom experience in defending clients against all of these different levels of accusations.
The HoffmanLaw Office of Lake County, Illinois has almost two decades of experience with Lake County criminal cases. We can help you deal with trespassing allegations. We will pursue a creative and positive resolution of the charges you face. In your trespassing case, we will build a defense based on the presumption of innocence. We will work toward an effective outcome of your case— an outcome that seeks to protect you, your record, and your future goals, plans and opportunities.
(847) 587-5000
Defining the Issues to Identify Successful Strategies in Defending Your Lake County Criminal Trespassing Case
Defining the Issues to Identify Successful Strategies in Defending Your Lake County Criminal Trespassing Case
Lake County Illinois Credit Card Fraud Lawyer
Lake County Illinois Credit Card Fraud Lawyer
There are four basic kinds of Illinois trespassing charges: trespass to land, trespass to building, trespass to vehicle, and trespass to residence. Although most Lake County trespass charges are misdemeanor offenses, some trespass to residence allegations can be charged as felonies. Each of these different types of trespassing cases generally share in common the claim that you either knowingly entered or knowingly remained in a place without lawful authority.
Different Lake County Trespassing Charges
Land
Trespass to land punishes unlawfully entering upon or remaining on the land of another person.
Building
Trespass to building punishes knowingly and without lawful authority entering or remaining within a building.
Vehicle
Trespass to vehicle punishes knowingly and without authority entering any part of or operating a vehicle.
Residence
Trespass to residence punishes without authority entering or remaining in a residence where someone dwells.
Lake County Criminal Trespass to Land Attorney
Lake County Criminal Trespass to Land Attorney
If you are charged with criminal trespass to land, most likely you are charged with a class B misdemeanor offense. Your criminal trespass to land charge might allege that you entered another person’s land after you received notice from the owner or occupant, prior to entry, that your entry was forbidden. See, 720 ILCS 5/21-3(a)(2). Alternatively, your trespass to land charge might claim that you remained on the land of another person after your received notice from the owner or occupant to depart. See, 720 ILCS 5/21-3(a)(3). As class B misdemeanors, these criminal trespass to land charges are punishable by up to a $1,500 fine and up to 180 days in jail.
As you can see, these criminal trespass to land charges share the requirement that you were given “notice.” You must have been given “notice” to either stay off the land in question before you entered, or to get off the land in a situation where you then refused to leave. This “notice” requirement is a key element of the offense the prosecution must be able to prove in your case. If the defense is able to show that this element does not exist, and that you did not receive the notice required, then you should be found not-guilty of the offense. The HoffmanLaw Office is ready and prepared to test this element, and every other element required to prove the charges against you, in an overall thorough and carefully thought out defense.
Defending Your Lake County Trespass to Building Case
Defending Your Lake County Trespass to Building Case
In comparison to the charge of criminal trespass to land, the charge of criminal trespass to building lacks the “notice” requirement. You are not specifically required to have been given notice by the owner or occupant of the building in question that your entry was prohibited. The prosecution is required merely to show beyond a reasonable doubt that you entered or remained within the building without lawful authority; in other words, that you lacked the authority to enter or remain. See, 720 ILCS 5/21-3(a)(1).
Working to Resolve Your Trespass to Vehicle Charge
Working to Resolve Your Trespass to Vehicle Charge
The offense of criminal trespass to vehicle is worded similarly to the offense of criminal trespass to building. Your criminal trespass to vehicle charge alleges that you knowingly and without authority entered any part of or operated any vehicle. See, 720 ILCS 5/21-2. Criminal trespass to vehicle is a class A misdemeanor punishable by up to a $2,500 fine and up to 364 days in jail. Criminal trespass to vehicle is punishable more severely than criminal trespass to land or building.
We will work toward an effective outcome of your case— an outcome that seeks to protect you, your record, and your future goals, plans and opportunities.
~Attorney Matt Hoffman, the HoffmanLaw Office
(847) 587-5000
What is Trespass to Land?
What is Trespass to Land?
Entering or Remaining on the Land of Another
After Receiving Notice from the Owner or Occupant
That Entry was Forbidden or to Depart
Why Choose HoffmanLaw to Defend Your Lake County Illinois Criminal Trespassing Case?
Why Choose HoffmanLaw to Defend Your Lake County Illinois Criminal Trespassing Case?
Analysis.
The HoffmanLaw Office always is focused on the presumption of innocence. Building on this presumption, the HoffmanLaw Office performs a systematic and searching ANALYSIS of the facts alleged in your case. This intensive analysis exposes weakness in the prosecution's evidence and develops powerful defense arguments and strategies.
Preparation.
The HoffmanLaw Office strives to know completely the facts and law of your case. In criminal court, good results do not often emerge by chance. They come through intense PREPARATION that lays the groundwork for success. When you select the HoffmanLaw Office as your legal advocate, you team yourself with a philosophy of extreme preparation.
Results.
The HoffmanLaw Office views every time it appears in court with you as an opportunity to achieve RESULTS. Whether it is negotiating during a pretrial conference, cross-examining a witness, or delivering a closing argument at trial, the HoffmanLaw Office strives to be your best advocate at all times.
Defending Our Clients in Serious Trespass to Residence Cases
Defending Our Clients in Serious Trespass to Residence Cases
Your criminal trespass to residence charge arguably is the most serious of Illinois’ trespassing charges. This is because, unlike the offenses of criminal trespass to land, building, or vehicle, the crime of criminal trespass to residence can be a felony level offense.
There are two types of criminal trespass to residence charges. The first type alleges that, without authority, you knowingly entered or remained within any residence that is the dwelling place of another. See, 720 ILCS 5/19-4(a)(1). This type of criminal trespass to residence charge is a class A misdemeanor offense.
A second type of criminal trespass charge alleges that you, without authority, knowingly entered the residence of another person and knew or had reason to know that one or more persons was present, or that you remained in the residence after you knew or had reason to know that one or more persons were present. See, 720 ILCS 5/19-4(a)(2). This second type of criminal trespass to residence charge is a class 4 felony offense. It is punishable by up to a $25,000 fine and by up to 1 to 3 years in prison.
As you can see, Illinois law distinguishes between two types of criminal trespass to residence charges. If you are accused of unlawfully entering a residence, you can be punished with a class A misdemeanor. If you are accused of unlawfully entering a residence in which you knew or had reason to know someone was present, you can be punished with a class 4 felony. The additional factor that someone was present within the residence during your alleged commission of the offense increases the penalty you face so significantly that it moves to felony severity.
The HoffmanLaw Office has many years of experience with Lake County criminal trespass charges. If you are accused of a serious criminal trespass to residence offense, we have the ability to analyze the issues in your case and to work toward an effective resolution of your charges. We have a long-term, proven record of success in Lake County misdemeanor and felony court.
The HoffmanLaw Office defends both misdemeanor and felony criminal trespass to residence charges. We understand how serious a criminal trespass to residence charge can be. If we defend your case, we will pay careful attention to the facts and the evidence. As your legal advocate in Lake County criminal court, we would work hard to defend you against the allegations, to search for weaknesses in the prosecution's case, and to bring forth significant facts and evidence that favor your defense.
If you are accused of a serious criminal trespass to residence offense, we have the ability to analyze the issues in your case and to work toward an effective resolution of your charges.
~Attorney Matt Hoffman, the HoffmanLaw Office
Defending Serious Criminal Trespassing Charges in Lake County Illinois Criminal Court
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(847) 587-5000
Defending Juveniles Against Criminal Trespassing Charges at Juvenile Court in Vernon Hills
Defending Juveniles Against Criminal Trespassing Charges at Court in Vernon Hills
The HoffmanLaw Office also defends criminal trespassing charges at the Lake County, Illinois juvenile courthouse in Vernon Hills. Juvenile court prosecutions are governed by penalties, rules and procedures that often differ greatly from those that apply in adult court, including those discussed on this page.
Attorney Matt Hoffman of the HoffmanLaw Office has many years' experience with Lake County juvenile delinquency proceedings and "Petitions for Adjudication of Wardship." He is a former Lake County Assistant State's Attorney who used to prosecute juvenile cases in Lake County juvenile court. If your child is charged with criminal trespassing, whether to land, building, vehicle or residence, or with any other trespassing related offense in Lake County juvenile court, the HoffmanLaw Office has the specific experience necessary to work toward an intelligent and effective resolution of the case.
Matt Hoffman is a former recipient of the Lake County, Illinois Juvenile Justice Award.
Legal Issues Blog
The Notice Requirement in a Trespass to Land Case
An element of the offense of criminal trespass to land, usually charged as a class B misdemeanor, is that you received "notice" from the owner or occupant of the land that either entry onto the land was forbidden or that you must depart.
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The Illinois trespass to land law provides that the land owner can give you this notice orally, in writing, or with posted signs. Specifically, according to the law, you have received notice from the owner or occupant if you have been notified personally, either orally or in writing, or if a printed or written notice forbidding entry was conspicuously posted or exhibited at the main entrance to the land or its forbidden part. See, 720 ILCS 5/21-3(b).
The requirement that you were given notice is an integral part of the offense. If the prosecution fails to prove this notice element during trial, then you should be found not-guilty and acquitted of the charge. Occasionally, during the pretrial defense of your case, it can be demonstrated to the prosecution that the necessary notice element is missing. This development can lead to a reduction or even dismissal of your charge.