Columbus Ohio Criminal Trespass Criminal Defense Attorney
The possible penalties for a Criminal Trespass conviction change depending on whether the offender has been previously charged with Criminal Trespass and whether the alleged incident occurred on city or school property. For a first time offender, then a criminal trespass is a 4th degree misdemeanor (maximum 30 days in jail). For an offender with 2 previous convictions for criminal trespass, then it is a 3rd degree misdemeanor (maximum 60 days in jail). If, within 1 year of the criminal trespass offense, the offender has previously been convicted of 3 or more violations of criminal trespass then it is a 2nd degree misdemeanor (maximum 90 days in jail). If you or a loved one has been charged with criminal trespass or other criminal charges in the Columbus or greater central Ohio area, then you need to speak with a criminal defense attorney. Attorney Evan T. Engler is an experienced criminal defense attorney and partner at the Columbus, Ohio based law firm of Harris & Engler. You can call Evan T. Engler today by calling (614) 610-9988.Columbus City Code 2311.21 - Criminal Trespass
The criminal offense of "Criminal Trespass" is definited in the Columbus City Code of criminal offenses. Columbus City Code Section 2311.21 provides as follows:
(A) No person, without privilege to do so, shall do any of the following:
(1) Knowingly enter or remain on the land or premises of another;
(2) Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes, or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard;
(3) Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access;
(4) Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.
(B) It is no defense to a charge under this section that the land or premises involved was owned, controlled, or in custody of a public agency.
(C) It is no defense to a charge under this section that the offender was authorized to enter or remain on the land or premises involved, when such authorization was secured by deception.
(D)(1) Whoever violates this section is guilty of criminal trespass, a misdemeanor of the fourth degree. If an offender previously has been convicted of two (2) or more violations of criminal trespass under division (A) of this section, a violation of division (A) of this section is a misdemeanor of the third degree; or, if an offender who, within one (1) year of the offense, previously has been convicted of three (3) or more violations of criminal trespass under division (A) of this section, a violation of division (A) of this section is a misdemeanor of the second degree.
(2) If the offense occurred on city owned property, in a school building, on school premises, or within one thousand (1,000) feet of the boundaries of school premises, or on public library premises, then the court shall impose a mandatory jail term of at least ten (10) consecutive days during which mandatory jail term the defendant shall not be eligible for work release.
(E) As used in this section, "land or premises" includes any land, building, structure or place belonging to, controlled by, or in custody of another, and any separate enclosure or room, or portion thereof.
