West Chester, PA 19380
Fill out the form below to get in touch with one of our attorneys.
Lee Ciccarelli is the founder and managing partner of Ciccarelli Law Offices with over two decades experience as a practicing attorney.
Joshua Tebay is an experienced attorney and former prosecutor licensed to practice in both Pennsylvania and New Jersey.
Michael E. Houghton brings both passion and enthusiasm to criminal defense through his extensive knowledge and experience.
Timothy Kraeer is a highly experienced traffic attorney who handles related criminal and civil matters across the state.
Since 1992, Ann has been advocating for her clients both in and out of tough courtrooms of Philadelphia, which has cultivated her craft.
David Strenfel is a highly experienced attorney who focuses on trial advocacy, constitutional law, and criminal defense.
Jonathon Luff has successfully represented countless clients and gain freedom for many wrongfully accused individuals.
These locations are available by appointment only
Our firm provides excellent services at reasonable fees and accepts a variety of payment methods, including most major credit card providers.
Lee Ciccarelli has received a 10.0 (Superb) rating on Avvo, the highest possible rating for attorneys on the site. This rating is given based on client reviews, peer endorsements, and professional experience and credentials.
The Commonwealth of Pennsylvania has several laws that are designed to protect the rights of property owners. Property owners in the Keystone State have the right to deny access to anybody who they do not want to access their premises.
When a visitor enters property against the wishes of the property owner, he or she could be charged with a trespassing crime. Alleged offenders, however, may be excused for not knowing they were breaking the law if the property owner failed to post any signs warning them that their entrance was prohibited.
Were you arrested in southeastern Pennsylvania for any kind of alleged trespassing violation? You will want to take the charges seriously and contact Ciccarelli Law Offices as soon as possible for help achieving the most favorable outcome to your case.
Our West Chester criminal defense attorneys have offices in Radnor, Plymouth Square, Malvern, West Chester, Springfield, Philadelphia, King of Prussia, Lancaster, and Kennett Square. Call (610) 719-3200 today to have them review your case and discuss your legal options during a free initial consultation.
Under Pennsylvania Consolidated Statute § 3503, there are essentially five different kinds of trespassing violations. The different forms of trespassing offenses include:
Convictions for trespassing carry extremely serious consequences. The sentence an alleged offender receives will depend on the grade of the crime for which he or she was convicted, but the possible statutory maximums for property crimes include:
State law does recognize certain defenses in these types of cases. A few of the affirmative defenses that may be employed include:
How to Keep Someone off Your Property — View this pamphlet from the Pennsylvania Legal Aid Network that provides recommended actions for keeping other people out of your home or off your property. The pamphlet discusses who can be told to stay away and ways to tell people to stay away. It also covers what happens when defiant trespass laws do not apply or an intruder refuses to comply with requests.
Commonwealth v. Namack, 663 A.2d 191 — The McKay family owned property that included a trial leading to the banks of the Delaware River. The McKays gave permission to Thomas Namack and several neighbors to use the trail in order to reach a swimming hole on the river, but asked Namack in May 1993 to sign a hold-harmless agreement which would hold John McKay harmless for any injuries or other harm suffered while on the property. After Namack refused to sign the agreement, McKay filed a criminal complaint asserting that Namack had committed defiant trespass. While Namack was found guilty in summary proceedings before a district justice, the Superior Court of Pennsylvania reversed that decision, concluding:
Because the Commonwealth failed to establish either that appellant did not have a bona fide belief in his right to use the trail or that the facts believed would not, if true, have rendered his presence on the McKay property entirely innocent, we must conclude that the Commonwealth failed to prove beyond a reasonable doubt that appellant entered the property knowing that he had no license or privilege to do so. In light of the failure to prove this essential element of the crime of defiant trespass, appellant's conviction must be reversed.
If you were arrested for allegedly committing any kind of trespassing violation in southeastern Pennsylvania, it is in your best interest to immediately retain legal counsel. Ciccarelli Law Offices aggressively defends clients all over Montgomery County, Delaware County, Lancaster County, Chester County, and the greater Philadelphia area.
Our West Chester criminal defense attorneys work as a team to get criminal charges reduced or dismissed. You can have them provide a full evaluation of your case when you call (610) 719-3200 or complete an online contact form to take advantage of a free, confidential consultation.