Facing a Criminal Trespass Charge in Chicago? Defense Attorney Andrew M. Weisberg Can Protect Your Future

A charge of criminal trespass in Illinois is more serious than most people realize. What might seem like a minor misunderstanding can quickly escalate into a criminal record, jail time, and lasting damage to your reputation.

Under today’s stricter Cook County prosecution policies, even first-time trespass cases are being handled more aggressively than ever before. Prosecutors are rejecting plea deals, pushing for harsher penalties, and seeking more convictions—particularly in cases involving homes, businesses, or government property.

If you’ve been charged with criminal trespass, don’t take chances with your future. Andrew M. Weisberg, a former Cook County prosecutor turned experienced criminal defense attorney, knows exactly how these cases are built—and how to dismantle them. He’s ready to fight for your freedom and your record.

Cook County’s Tougher Approach to Criminal Trespass Cases

In the past, criminal trespass charges were often treated as minor offenses that could be resolved through fines, community service, or supervision. Those days are over.

Under the new State’s Attorney administration, policies have shifted dramatically:

• Fewer plea deals – Prosecutors are less willing to negotiate or recommend diversion.

• Harsher sentencing – Even first-time offenders face real jail time.

• Tighter bond standards – More defendants remain in custody while awaiting trial.

• Felony upgrades – Trespass cases that involve aggravating factors are more frequently charged as felonies.

These new guidelines mean that what might once have been dismissed or resolved quickly now carries a very real risk of incarceration and a permanent criminal record.

Understanding Criminal Trespass Under Illinois Law

Under 720 ILCS 5/21-3, criminal trespass occurs when a person knowingly enters or remains on another’s property without permission. The seriousness of the charge depends on the location and circumstances.

Common Types of Criminal Trespass Charges Include:

• Criminal Trespass to a Residence (720 ILCS 5/19-4) – Entering or staying in another person’s home without consent. This is a Class A misdemeanor, but if someone is present, it can become a felony.

• Criminal Trespass to a Vehicle (720 ILCS 5/21-2) – Entering or using another person’s vehicle without permission. Often paired with theft or joyriding allegations.

• Criminal Trespass to Real Property (720 ILCS 5/21-3) – Entering land or a business after being told not to, or when “No Trespassing” signs are posted.

• Criminal Trespass to State-Supported Land (720 ILCS 5/21-5) – Being on government-owned property, such as public transit facilities or buildings, without authorization.

• Criminal Trespass to a Safe School Zone (720 ILCS 5/21-5.5) – Entering school property without permission, now treated with special severity under new safety-focused prosecution policies.

• Criminal Trespass to a Place of Public Amusement (720 ILCS 5/21-9) – Refusing to leave a stadium, concert venue, or theater when ordered to do so.

Because criminal trespass often overlaps with other charges—such as disorderly conduct, burglary, or resisting arrest—the consequences can multiply quickly.

Penalties for Criminal Trespass in Illinois

With Cook County’s enhanced enforcement, penalties for criminal trespass are becoming much tougher:

• Class B Misdemeanor: Up to 6 months in jail and fines up to $1,500 (for minor cases).

• Class A Misdemeanor: Up to 364 days in jail and fines up to $2,500 (for most residential or vehicle-related offenses).

• Class 4 Felony: 1 to 3 years in prison if the trespass involves an occupied residence, a school, government property, or repeat violations.

A conviction doesn’t just mean jail time—it leaves a permanent criminal record, which can affect your employment, housing, and professional opportunities long after your sentence ends.

How Andrew M. Weisberg Builds a Strong Defense

Today’s prosecution environment demands a smart, assertive defense. Andrew M. Weisberg approaches every trespass case with the precision and experience of a former prosecutor who knows the system from the inside.

He will:

• Challenge the evidence – The State must prove you knowingly trespassed. If intent isn’t clear, the case may fall apart.

• Prove lack of notice – If you weren’t warned, and no “No Trespassing” signs were posted, the charge may not hold.

• Negotiate reduced charges – When possible, Andrew pushes for lesser charges or diversion to avoid a conviction.

• Pursue alternative sentencing – For first-time offenders, he may secure community-based outcomes that avoid jail and keep your record clean.

• Argue self-defense or misunderstanding – If you had a lawful reason to be there or entered by mistake, Andrew will make that clear to the court.

Every case is unique—and Andrew tailors each defense strategy to the facts, evidence, and personalities involved.

Why Clients Choose Andrew M. Weisberg

• Former Cook County Prosecutor – Knows how the other side builds its case.

• Aggressive, Strategic Defense – Focused on dismissals, reductions, and protecting your record.

• Direct Attorney Access – You’ll work with Andrew personally from start to finish.

• Respected in Cook County Courts – Trusted by judges and prosecutors alike for his professionalism and preparation.

• Available 24/7 – Because criminal charges don’t wait for business hours.

Frequently Asked Questions About Criminal Trespass in Illinois

What is criminal trespass under Illinois law?

Criminal trespass occurs when a person knowingly enters or remains on someone else’s property without permission. Illinois recognizes several forms of trespass, including trespass to real property, trespass to a residence, and trespass to a vehicle. The specific statute and penalties depend on the type of property involved and the circumstances of the offense.

Is criminal trespass a misdemeanor or a felony?

Most criminal trespass offenses are Class A or Class B misdemeanors. However, criminal trespass to a residence is a Class A misdemeanor or a Class 4 felony if the entry was intentional and without authority. Trespass to state-supported land and trespass to vehicles are typically misdemeanors but still carry serious consequences.

What are the penalties for a criminal trespass conviction?

Penalties vary by type of trespass but can include up to 364 days in jail for a Class A misdemeanor, fines up to $2,500, probation, community service, and a permanent criminal record. A Class 4 felony for trespass to a residence may result in one to three years in prison.

Can I be charged with trespass even if I didn’t break in?

Yes. Unlike burglary, trespass does not require forced entry or intent to commit a further crime. Simply entering or remaining on property without permission—even if a door was unlocked—can result in a trespass charge.

What if I thought I had permission to be there?

A reasonable belief that you had permission can be a valid defense. Trespass requires that the entry be “knowing,” so misunderstandings, miscommunications, or unclear boundaries may weaken the prosecution’s case.

Can I be arrested for refusing to leave a business or public place?

Yes. If an owner, employee, or authorized agent asks you to leave and you refuse, you can be charged with trespass—even in a business open to the public. Once you’re asked to leave, remaining on the premises becomes unlawful.

Is criminal trespass the same as burglary?

No. Trespass involves unauthorized entry. Burglary requires unauthorized entry with intent to commit a theft or felony inside. Many people accused of trespass worry they will face burglary charges, but the offenses are legally distinct.

Can a trespass charge be expunged or sealed?

If the case is dismissed, supervision is completed successfully, or you are found not guilty, the trespass record may be eligible for expungement. A conviction for criminal trespass may be eligible for sealing depending on the specific offense. Sealing is often possible for misdemeanor trespass, but not for all felony offenses.

What are common defenses to a trespass charge?

Defenses may include lack of knowing entry, mistaken identity, unclear property lines, permission from the owner, or lack of proper notice to leave. Constitutional issues such as unlawful arrest or improper search may also form part of the defense.

Do I need an attorney for a criminal trespass case?

Yes. Even misdemeanor trespass charges can lead to jail time and a permanent record that affects employment and housing. An attorney can protect your rights, negotiate for dismissal or reduction, and uncover weaknesses in the prosecution’s case.

Take Action Now – Call for a Free Consultation

With Cook County prosecutors cracking down on criminal trespass cases, you cannot afford to go it alone. A conviction can have lifelong consequences—but a smart, aggressive defense can make all the difference.

Call (773) 908-9811 today for a free and confidential consultation, or complete the Case Review Form on our website.
Andrew M. Weisberg is ready to protect your rights and fight for your future.