Your Stamford criminal defense attorney should put together a short but persuasive presentation to the States Attorney about your life and why they should give you a break because this event was an isolated incident in an otherwise law abiding life and you have a good explanation for why this event occurred. Absolutely Exceptional Attorney. 97 CA 72. (a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that such person is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to such person by the owner of the premises or other authorized person; or (2) such person enters or remains in a building or . RCW 9A.52.070: Criminal trespass in the first degree. - Washington I highly recommend him, please dont hesitate to contact him for service. I was just in an accident and don't know what to do. One interesting passage in this section is the definition of night, which is defined as the time interval between 30 minutes after sunset, and 30 minutes before sunrise irrespective of any prescribed time. Kidnapping in the second degree with a firearm: Class B felony: Three years not suspendable, 53a-95. 99-240, S. 5; P.A. Good luck with that. History: P.A. 53a-44a re surcharge on fine for trespass on public land. 12 CA 172; 18 CA 303; 19 CA 245; 20 CA 599; 24 CA 195; 35 CA 714; 43 CA 1. 53a-107, see flags on bad law, and search Casetext's comprehensive legal database . But in some cases, the responsibility of keeping trespassers off of the property falls on the shoulders of the property owner, so knowing what the law says can help keep you from being liable in instances of trespass. 92-260, S. 43; P.A. 172; 18 Conn.App. Assault in the second degree: Class D felony, 53a-61. 853. Click here to read more REYES' Motion to Dismiss This is the Motion to Dismiss filed in Waterbury Superior Court to dismiss the trespass charge. 54-1k; P.A. Rights and Responsibilities of Landlord and Tenant, 47a-11e. Temporary emergency jurisdiction, 46b-115o. make certain exceptions, particularly for young minors. Stalking in the first degree: Class D felony, 53a-181d. We have more than 30 years of experience in handling criminal trespass charges in Courts all over the State . What are the consequences of trespassing in Connecticut?, How to protect your property against trespassing in Connecticut, Find the best home insurance without a hassle, Connecticut law defines three degrees of criminal trespass, all of which are considered misdemeanor charges that could result in penalties such as expensive fines or jail time., One of the best ways for homeowners in Connecticut to protect their property is by understanding the states trespassing laws. Hearing. In order to defend yourself against a charge of criminal trespass, you must be able to demonstrate to the court that you lacked the intent to commit the unlawful act - for example, if you can show that you reasonably believed the land was open to the public, you would naturally not have intended to trespass because there would have been no need. Assault in the third degree: Class A misdemeanor, 53a-61a. 188.). See Sec. If youre caught accidentally trespassing, you could face a simple trespass charge, which is an infraction under state law and may have a $77+ fine attached as a penalty., By contrast, criminal trespass in the first degree is the most serious trespassing charge and occurs when a person knowingly enters or remains on or within the private property, after expressly being told to leave by the property owner, . It can be easy to confuse criminal trespass with burglary, as both require entry onto someone elses land without express permission. 828, S. 109; P.A. It has not been previewed, commissioned or otherwise endorsed by any of our network partners. We are available 24/7. Connecticuts laws on trespassing are fairly typical of most states. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). Kidnapping in the first degree: Class A felony, 53a-92a. SOUTHINGTON, CT Here are the arrest logs for April 1-April 16, 2023, as provided by the Southington Police Department. 12 Conn.App. If you have been charged with any level of criminal trespass you should know that a conviction would leave you with a criminal record. (2) Criminal trespass in the 1st degree is a gross misdemeanor and punishable by up to 364 days in jail. I live 5 states away from CT and would prefer never to return. It may also be a successful defense, depending on the situation, that you had no knowledge that you were on private land at all. You can be arrested for criminal trespass in the second degree if you entered a building or public lands knowing that you were not authorized to be there. Criminal trespass may be charged as a felony, a misdemeanor, or an infraction. Assuming that no property damage occurred and that no restitution is owed to any victim very often the State will be willing to reduce the charge to the infraction charge of simple trespass. Court may not grant visitation to parent convicted of murder. The list of affirmative defenses is found in section 53a-110: It shall be an affirmative defense to prosecution for criminal trespass that: (1) The building involved in the offense was abandoned; or, (2) the premises, at the time of the entry or remaining, were open to the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or. 91-381 amended Subsec. Section 13A-7-2. Criminal trespass in the first degree [ 2011 c 336 372; 1979 ex.s. Alabama, 132 S. Ct. 2455, applies retroactively to cases on collateral review; life sentence for a juvenile includes a sentence of 50 years or more. After reviewing all this information, and being fully briefed on the details of your case your Connecticut criminal defense lawyer will be ready to advise you on the best way to resolve your case. Knowledgeable, professional & compassionate. Judicial Districts, Geographical Areas, Civil and Criminal Venue, Filing and Designation of Court Location, 51-345. NNEDV is a 501(3) non-profit organization; EIN 52-1973408. The accelerated rehabilitation program in my opinion should only be used as a last resort with a charge as minor as criminal trespass and then only if you have exhausted every other possible alternative option of resolving the case. Criminal trespass does not require the intent to commit a crime - only the intent to remain on the land. (4) public land means a state park, state forest or municipal park or any other publicly-owned land that is open to the public for active or passive recreation. 80-58; P.A. 262; 36 Conn.App. 95-214 amended Subsec. Cited. The most distinct factor classifying trespassing as home invasion is that home invasion is committed against a dwelling with the occupants present at the time of trespass occurs. Custodial interference in the first degree: Class D felony, 53a-98. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Criminal trespass in the first degree (a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. What Do I Do? Harassment in the first degree: Class D felony, 53a-183. Full faith and credit. (a) A person is guilty of criminal trespass in the first degree when: (1) Knowing that such person is not licensed or privileged to do so, such person enters or remains in a building or any other premises after an order to leave or not to enter personally communicated to such person by the owner of the premises or other authorized person; or (2) such person enters or remains in a building or any other premises in violation of a restraining order issued pursuant to section 46b-15 or a protective order issued pursuant to section 46b-16a, 46b-38c, 54-1k or 54-82r by the Superior Court; or (3) such person enters or remains in a building or any other premises in violation of a foreign order of protection, as defined in section 46b-15a, that has been issued against such person in a case involving the use, attempted use or threatened use of physical force against another person; or (4) knowing that such person is not licensed or privileged to do so, such person enters or remains on public land after an order to leave or not to enter personally communicated to such person by an authorized official of the state or a municipality, as the case may be.