Criminal Trespass to Real Property

Facing Criminal Trespass to Real Property Charges in Chicago? Andrew M. Weisberg Can Defend Your Rights

Criminal trespass to real property is a serious offense in Illinois that can lead to significant legal consequences, including fines, imprisonment, and a permanent criminal record. If you are facing charges of criminal trespass to real property in Chicago, it is crucial to have an experienced and aggressive defense attorney like Andrew M. Weisberg on your side to protect your rights and fight for the best possible outcome.

Understanding Criminal Trespass to Real Property in Illinois

Under Illinois law, specifically 720 ILCS 5/21-3, criminal trespass to real property occurs when an individual knowingly and without legal authority enters or remains on someone else’s property. This law is designed to protect property owners’ rights and applies to a wide range of properties, including:

  • Private Residences: Homes, apartments, and other living spaces where entry is restricted to the owner, tenant, or authorized guests.
  • Commercial Properties: Businesses, offices, stores, and other commercial establishments where entry is restricted to customers, employees, or authorized individuals.
  • Fenced or Enclosed Areas: Any property that is fenced or otherwise enclosed, indicating that entry is restricted or prohibited.
  • Posted Properties: Properties that have visible signs or notices indicating that trespassing is not allowed.

Criminal trespass to real property can also occur when a person refuses to leave a property after being asked to do so by the owner, tenant, or another person with authority over the property.

Penalties for Criminal Trespass to Real Property in Chicago

The penalties for criminal trespass to real property in Illinois can vary depending on the circumstances of the offense. However, the consequences are always significant:

  • Class B Misdemeanor: Criminal trespass to real property is typically charged as a Class B misdemeanor, which carries a potential jail sentence of up to 6 months and fines of up to $1,500.
  • Class A Misdemeanor: In cases where the trespass involves certain aggravating factors, such as trespassing on a property that is a school or place of worship, the charge may be elevated to a Class A misdemeanor. This carries a potential jail sentence of up to 1 year and fines of up to $2,500.
  • Restitution: In addition to fines and jail time, the court may also order you to pay restitution to the property owner if any damage was caused during the trespass.
  • Permanent Criminal Record: A conviction for criminal trespass to real property can result in a permanent criminal record, which may severely impact your ability to secure employment, housing, and other opportunities in the future.

Given these penalties, it is essential to have a competent and experienced defense attorney who can challenge the prosecution’s case and work to protect your future.

Why Choose Andrew M. Weisberg as Your Defense Attorney?

Andrew M. Weisberg is a seasoned criminal defense attorney with a deep understanding of Illinois criminal law, including cases involving criminal trespass to real property. His background as a former Cook County prosecutor gives him unique insights into how these cases are built and prosecuted, allowing him to anticipate the prosecution’s strategies and develop a robust defense on your behalf.

When you choose Andrew as your defense attorney, you benefit from:

  • Comprehensive Legal Knowledge: Andrew’s thorough understanding of Illinois property crime laws ensures that your case will be handled with the utmost competence and care.
  • Aggressive Defense Strategies: Andrew is known for his relentless and proactive defense tactics, exploring every possible angle to protect your rights.
  • Personalized Attention: Andrew provides each client with individualized attention, ensuring that your specific circumstances and needs are fully addressed.

Defending Against Criminal Trespass to Real Property Charges

Successfully defending against criminal trespass to real property charges requires a strategic and comprehensive approach. Andrew M. Weisberg will thoroughly investigate the circumstances of your case, scrutinizing every piece of evidence and questioning the validity of the prosecution’s claims. Some potential defense strategies may include:

  • Lack of Knowledge: If you were unaware that the property was private or restricted, this could be a significant defense. Andrew will explore whether the property was clearly marked or if you had reason to believe you were allowed to enter.
  • Lack of Intent: Criminal trespass requires proof that you knowingly entered or remained on the property without permission. If your presence on the property was accidental or you had a legitimate reason to believe you were allowed to be there, this could be an effective defense.
  • Permission: If you had permission from the property owner or someone with authority over the property to be there, Andrew will work to establish that you did not commit trespass.
  • Violation of Constitutional Rights: If your rights were violated during the investigation, arrest, or interrogation—such as through an unlawful search or seizure—Andrew may be able to have key evidence suppressed, weakening the prosecution’s case.

Andrew will work tirelessly to build a strong defense, aiming to reduce the charges, negotiate a favorable plea, or secure an acquittal.

The Importance of Early Legal Intervention

If you have been charged with criminal trespass to real property, it is crucial to seek legal representation as soon as possible. Early intervention by a skilled attorney can make a significant difference in the outcome of your case. Andrew M. Weisberg will take immediate action to protect your rights, gather evidence, and develop a defense strategy tailored to your specific situation.

Andrew M. Weisberg: Committed to Your Defense

Facing charges of criminal trespass to real property can be overwhelming and stressful. Andrew M. Weisberg is committed to providing compassionate and effective legal representation throughout the entire process. He will keep you informed at every stage, answer all your questions, and fight tirelessly to protect your rights and future.

Contact the Law Offices of Andrew M. Weisberg Today

If you have been arrested or charged with criminal trespass to real property in Chicago, don’t delay in seeking legal representation. Andrew M. Weisberg is available 24/7 to discuss your case and provide the immediate assistance you need.

Contact Andrew today for a free, confidential consultation:

  • Phone: Call (773) 908-9811 anytime, day or night.
  • Online: Fill out the Case Review form on our website, and we will get back to you promptly.

Remember, the sooner you have an experienced attorney on your side, the better your chances of achieving a favorable outcome. Let Andrew M. Weisberg put his expertise to work for you.

Client Reviews

Andrew is very personable and easy to speak with. He is a very knowledgeable attorney. I was able to contact him with questions, even after hours he would reply. His relationship with the prosecuting attorneys got me the best results possible in my case.

Tanner Knudsen

Andrew is one of the best attorneys I have ever worked with. Very professional and talented, compassionate, trustworthy who is always looking to get the best possible outcome for you. He communicates things very quickly, clearly and concisely. It did not matter if it was a weekend or late evening...

Anna Sroka

Beyond an incredible experience! Andrew is kind, caring, knowledgeable and honest. He handled my case with ease and made sure I understood every step of the process. He was available to me to chat anytime I had a question and he put me at ease. I cannot recommend him highly enough for any and all...

Jennifer Albertalli

Andrew was a fantastic support as he helped navigate a stressful situation. His communication skills and attention to detail provided me with the confidence that the case would be settled quickly and favorably. He is an amazing attorney and I would strongly recommend him to both friends and family.

Michael H.

I am extremely grateful for Andrew, who skillfully reduced my felony charge to a misdemeanor. He was professional, attentive, and kept me informed every step of the way. His dedication and expertise truly made a difference in my case. Highly recommend!

Chuhan Feng

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