Defending Against Philadelphia Trespassing Accusations

Defending Against Trespassing Charges in Philadelphia

Trespassing laws in Philadelphia — and across Pennsylvania — can be tricky to navigate. As a lawyer assisting clients facing accusations, it’s crucial to understand the specifics of trespass statutes and potential defenses. This article offers an overview of common trespass charges in Philadelphia, what the prosecution must prove, and strategies to fight the allegations.

What Constitutes Trespass in Philadelphia?

In Philadelphia, a person commits trespass if they enter or remain in any place without license or privilege to do so. This includes private property like homes or businesses, and public buildings or transportation areas that require admission. Trespass charges can be brought as summary offenses or misdemeanors depending on the circumstances.

The city recently passed an ordinance allowing police to fine people $25 for sleeping or resting on sidewalks, subway concourses, or building doorways. Civil rights groups have challenged this as unconstitutional, but for now it broadens trespass liability.

To convict someone of trespass in Philadelphia, the District Attorney’s Office must prove:

• The person entered or remained somewhere without permission or legal right,
• They knew or should have reasonably known the entry was unauthorized.

So even if someone didn’t see “No Trespassing” signs on a property, for example, prosecutors can argue they should have known not to be there without explicit consent.

Common Philadelphia Trespass Charges

Trespass accusations arise frequently in Philadelphia across various contexts, including:

Home or Business Trespass

Entering a private home, apartment building, office building, store, restaurant, or other property without authorization or refusing to leave when the owner demands it.

Public Transportation Trespass

Accessing subway stations, trains, or buses without paying fares or proper passes. This also includes remaining on SEPTA property after being told to depart.

School Trespass

Being on any primary, secondary, or university campus without having a reason related to studying, working, or visiting the school.

Construction Site Trespass

Entering active development areas like buildings under construction or lots closed to the public. This is common among “urban explorers” entering dilapidated sites to take photos.

Utility or Infrastructure Trespass

Going onto land housing things like rail yards, power stations, telephone infrastructure, reservoirs, traffic control equipment, etc. without authorization.

Defiant Trespass

Refusing to leave a property after being told to depart by the owner or police. Defiant trespass upgrades charges to a third-degree misdemeanor instead of a summary offense.

Fighting Trespass Charges in Philadelphia

When representing Philadelphia clients accused of trespass, defense strategies generally focus on:

• Attacking the prosecution’s evidence
• Arguing the trespass was justified
• Seeking leniency in sentencing

Challenging the Evidence

The first step is determining if the DA has enough proof to support all elements of trespass beyond reasonable doubt. This may involve:

• Questioning the reliability of witnesses who allege seeing the unauthorized entry
• Disputing evidence about signs prohibiting access or warnings to depart
• Raising doubts over the accused’s intent and knowledge

If video surveillance or police observations captured the purported trespass, the defense would focus on interpreting the footage or testimony in the light most favorable to the defendant.

Justification Defenses

Pennsylvania trespass law allows for certain justification defenses arguing the conduct was legally warranted, including:

• Necessity – Committing trespass was urgently needed to avoid greater harm
• Public duty – Illegally entering a place was required to perform important public responsibilities
• Use of force in self-protection – Trespassing occurred while defending oneself from attack
• Use of force for the protection of other persons – Entering an area without consent was imperative to protect someone else from harm
• Use of force for the protection of property – Exceptional circumstances dictated trespassing to safeguard property from damage

Counsel could also potentially assert mistake defenses if the facts suggest the accused had a reasonable but mistaken belief their entry was permitted.

Mitigation Strategies

If conviction seems likely, the defense may advocate for leniency in sentencing by presenting mitigating factors like:

• Lack of criminal history
• Positive character references
• Mental health or substance abuse issues
• Remorse and cooperation
• Making amends to any victims
• Argument the violation was minor in scope

For low-level summary offenses, counsel could request the charges get withdrawn or reduced to non-traffic citations. They may also ask the judge to impose only fines or probation instead of jail time.

Diversionary Programs

Eligible defendants could pursue special diversion programs like Accelerated Misdemeanor Program (AMP) to avoid conviction. These programs require completing rehabilitation, community service, or educational requirements in exchange for dismissing charges.

If you or someone you know faces accusations of trespass in Philadelphia, an experienced criminal defense lawyer can carefully examine the case details to build the strongest defense. Reach out for a consultation to discuss the allegations and develop a customized strategy moving forward.