Thank you for your interest in The Law Offices of Andrew M. Weisberg. Please fill out the form below and we will be in touch soon

*Indicates Required Fields




(773) 908-9811





(773) 908-9811



Aggressive. Experienced.

Chicago Criminal Defense Attorney
Former Cook County Felony Prosecutor

blog_homeBlog Home

When Can Trespassing Land You Felony Charges in IL?

“No Trespassing” signs are everywhere. The frequency with which people see them may mean people don’t take them as seriously as they should. Still, trespassing is a serious crime.

In fact, in Illinois, there are some scenarios where trespassing can result in felony charges. Here’s what you need to know.

What Is Trespassing in Illinois?

In Illinois, there are two types of trespassing: criminal and civil. In a situation involving civil trespass, a person may refuse to leave a place they are not legally allowed to be. A great example is staying in an apartment after failing to pay rent.

Criminal trespass, on the other hand, is more serious. It involves situations such as:

  • Entering a property where there are “no trespassing” signs clearly posted
  • Being on or using a boat, plane, vehicle, or snowmobile without the owner’s permission
  • Entering a building without permission
  • Using false documents to gain permission from an owner to remain in or enter a building
  • Refusing to leave someone’s property after being asked by the owner to leave

Charges for Illinois Trespassers

In most cases, criminal trespass is prosecuted as a Class A or Class B misdemeanor. It may be charged as a Class 3 or Class 4 felony in some situations, though. See a rundown of the most common charges and their associated penalties below.

Vehicle Trespass

If you trespass on a person’s vehicle, then you can be charged with a Class A misdemeanor. This is punishable by up to 12 months in jail and potential fines reaching $2,500.

Residence Trespass

Trespassing into someone’s residence is normally a Class A misdemeanor, punishable by up to 12 months in jail and fines to $2,500.

However, if a person knowingly trespasses into a residence where they know people are present, then it can be charged as a Class 4 felony. Class 4 felony convictions can result in up to three years in prison and fines of $25,000.

Real Property Trespass

In most cases, real property trespass crimes are charged as a Class B misdemeanor. This can be punished by up to six months in jail and a potential fine of $1,500.

It can be charged as a Class A misdemeanor when you trespass on lands that are used for growing crops or drive a vehicle onto lands that grow crops. Class A misdemeanors are punishable by up to 12 months in jail and fines to $2,500.

State-Owned or Restricted Property Trespass

It should be noted that if you trespass on state-owned land, public places such a sports arenas, or nuclear facilities, then you can be charged with a Class 4 felony as well. That can result in up to three-year imprisonment and fines of $25,000.

Also, trespassing onto restricted areas at airports can result in Class 3 felony charges, punishable by up to five years imprisonment and a fine of $25,000.

Defenses to Illinois Criminal Trespass

, When Can Trespassing Land You Felony Charges in IL?

In order to be found guilty in court for criminal trespass, prosecutors must be able to prove that the person being charged with the crime knew that they were not allowed to enter the property they are being accused of trespassing on.

It is accepted that written notices, court orders, or oral warnings are enough to be a valid notice that the property should not be entered. If this cannot be proven, then the case likely will not proceed.


About the Author:

Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Our Blog

From Chicago Drive-bys to Breaking Up Fights — 9 Murders in Two Weeks


Chicago sees its fair share of gun violence and murder, and February of 2021 has so far been no different. From Chicago drive-bys to breaking up fights there were nine murders reported in a span of just two weeks.

In fact, in one weekend alone in early February, there were 22 hurt and 4 dead from gun violence. One 42-year-old man was simply trying to stop a fight when he was shot to death. Another man was killed in a


Cook County Considers Clearing Some Drug Records, Not All

Drug Crimes

Traditionally, drug cases seemed very open and shut. If someone is found with a large manufacturing and delivery operation in Illinois for illegal drugs, then they face some serious legal consequences. Some aspects of drug crimes, however, may be changing.

The State Attorney of Cook County, Kim Foxx, wants to expunge certain crimes from people’s records. Convictions for marijuana are at the top of her list, but so are some crimes involving heroin and cocaine.

Foxx has a vision of

Law Offices of Andrew Weisberg