Blog Home What is Criminal Trespass Under Illinois Law?
Think you’re not trespassing? Illinois law might say otherwise. It doesn’t take a break-in or a locked gate. Just being in the wrong place or staying too long can lead to criminal charges. Maybe you thought you had permission. Maybe you didn’t realize it was off-limits. Either way, a trespass charge is serious. It can follow you for years and show up on background checks.
That’s why it’s smart to call the Law Offices of Andrew Weisberg, a seasoned Chicago, IL criminal defense attorney who knows how to fight these charges and protect your record.
What Is Considered Criminal Trespass in Illinois?
Under 720 ILCS 5/21-3, criminal trespass to real property happens when someone knowingly enters or remains on someone else’s land or building without permission. The key word here is “knowingly.” That means prosecutors must prove you were aware or should have been aware that you weren’t allowed to be there.
Trespass doesn’t just apply to open land. It also covers apartments, homes, vehicles, and even restricted areas within public buildings. In some cases, people are charged simply for refusing to leave after being asked. If you’re facing charges, a Chicago criminal defense lawyer can review the details and build a defense based on the facts of your case.
Types of Criminal Trespass Charges
Illinois law outlines different forms of criminal trespass, each with slightly different penalties and requirements:
- Criminal Trespass to Real Property: Walking onto someone’s land without permission, ignoring “No Trespassing” signs, or staying after being told to leave.
- Criminal Trespass to a Vehicle: Getting into or driving someone else’s car without consent, even if no damage is done.
- Criminal Trespass to a Residence: Entering or remaining in someone’s home without permission. This is more serious and can carry steeper penalties.
Even something as small as walking across a neighbor’s yard or entering an empty building can result in charges. If you’ve been accused, don’t wait to talk to a Chicago criminal defense lawyer about your rights.
Penalties for Criminal Trespass in Illinois
Most criminal trespass charges are Class B misdemeanors under Illinois law, carrying:
- Up to 180 days in jail
- Fines up to $1,500
- Possible probation or community service
If the trespass involves a residence or certain protected areas, the charge may be upgraded to a Class A misdemeanor, with up to one year in jail and higher fines.
According to the Illinois Criminal Justice Information Authority, over 6,500 arrests were made in 2022 for trespass-related offenses. These are not minor citations. A conviction can limit job opportunities, housing options, and your future. A Chicago criminal defense attorney can help you avoid those consequences.
Speak to a Chicago, IL Criminal Defense Attorney Today
Facing a criminal trespass charge in Illinois? You don’t have to deal with it alone. The Law Offices of Andrew Weisberg brings the aggressive defense you need and the insider knowledge that comes from knowing how the other side thinks.
It’s not just a charge. It’s your future. A conviction can impact your job, your housing, and your peace of mind. You need a Chicago, IL criminal defense lawyer who will stand up for you and protect what matters.
Call (773) 908-9811, or contact us online today. Take the first step toward protecting your future with a defense that won’t back down.
