Trespassing Defense Lawyer in Cleveland, Ohio

Trespassing charges in Ohio range from minor misdemeanors to serious felonies, depending on the circumstances. Whether you are accused of unlawfully entering private property, a business, or a restricted area, a conviction can lead to fines, probation, or jail time. At Patrick M. Farrell Co. L.P.A., we fight to defend our clients against trespassing charges, examining the intent behind the alleged offense and questioning the validity of the prosecution’s case. Our goal is to have charges reduced or dismissed whenever possible.

Understanding Trespassing Charges in Ohio

Trespassing is a criminal offense in Ohio that involves unlawfully entering or remaining on someone else's property without permission. While some trespassing offenses are minor misdemeanors, others—especially those involving buildings, residences, or criminal intent—can lead to felony charges, jail time, and a permanent criminal record.

What Constitutes Criminal Trespassing in Ohio?

Under Ohio Revised Code § 2911.21, a person can be charged with criminal trespassing if they:

Knowingly enter or remain on another person's land or premises without consent.

Ignore posted warnings or barriers (e.g., "No Trespassing" signs, fences, or locked doors).

Enter property after being told to leave by the owner, security, or law enforcement.

Use deception, fraud, or stealth to gain entry onto property.

If intent to commit a crime is involved, the charges can be upgraded to breaking and entering or burglary, carrying much harsher penalties.

Types of Trespassing Charges in Ohio

Criminal Trespassing (Misdemeanor 4th Degree - M4) – Unlawfully entering or remaining on private property without permission.

Aggravated Trespassing (Misdemeanor 1st Degree - M1) – Entering someone else’s property with the intent to commit a violent crime.

Trespassing on a Habitation (Felony 4th Degree - F4) – Entering or remaining in an occupied home or structure without permission.

Railroad or Utility Trespassing (Misdemeanor 4th Degree - M4 to Felony 5th Degree - F5) – Trespassing on railroads, electrical plants, or other protected facilities.

Penalties for Trespassing in Ohio

Trespassing penalties depend on the severity of the offense and intent:

Criminal Trespassing (M4) – Up to 30 days in jail and fines up to $250.

Aggravated Trespassing (M1) – Up to 6 months in jail and fines up to $1,000.

Trespassing on a Habitation (F4) – 6 to 18 months in prison and fines up to $5,000.

Railroad or Utility Trespassing (M4 to F5) – 30 days to 12 months in prison, with fines ranging from $250 to $2,500.

Collateral Consequences of a Trespassing Conviction

A trespassing conviction can lead to long-term consequences beyond fines and jail time, including:

A permanent criminal record, affecting employment and housing opportunities.

Restraining orders, preventing access to certain locations or people.

Loss of firearm ownership rights (for felony trespassing convictions).

Civil lawsuits, where property owners seek financial restitution for damages.