Aggravated trespass in Ohio is a serious crime that occurs when someone unlawfully enters or remains on another person’s property with the specific intent to cause harm, intimidate, or threaten. Governed by Ohio Revised Code § 2911.211, this offense escalates beyond basic trespassing due to the deliberate intent to endanger or instill fear in the property owner or occupants. For example, this could involve entering a neighbor’s yard during a dispute to issue threats or confronting someone on their property with harmful intentions.
Cincinnati Aggravated Trespass Defense Attorney
If you or someone you love has been charged with aggravated trespass, you need to contact an experienced criminal defense attorney immediately. Aggravated trespass charges are treated with a much higher level of severity than typical trespass.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio.
The Wieczorek Law Firm has experience defending clients against trespass and related offenses. Call (513)-317-5987 today for a free consultation.
Aggravated Trespass Overview
- Aggravated Trespass under Ohio Law
- Penalties
- Defenses
- Additional Resources
- Hire an Attorney for Aggravated Trespass
Aggravated Trespass under Ohio Law
Aggravated trespass in Ohio, defined under Ohio Revised Code § 2911.211, occurs when an individual unlawfully enters or remains on another person’s property with the specific intent to cause harm, threaten harm, or intimidate someone. This offense goes beyond simple trespassing by requiring a deliberate purpose to inflict physical harm, issue threats, or harass the victim. For example, a person might enter a neighbor’s yard to intimidate them or unlawfully confront a coworker at their home with the intent to threaten or harm them. Aggravated trespass occurs when an individual knowingly enters or remains on another person’s property without permission and with the intent to:
- Commit a misdemeanor involving harm to another person, such as assault or harassment.
- Threaten or intimidate the property owner or occupants.
The statute states as follows:
(A) No person shall enter or remain on the land or premises of another with purpose to commit on that land or those premises a misdemeanor, the elements of which involve causing physical harm to another person or causing another person to believe that the offender will cause physical harm to them.
Some examples of aggravated trespass include:
- Dispute Escalation: A neighbor enters another person’s property during or after an argument and threatens physical harm.
- Protest or Intimidation: An individual unlawfully enters a business to intimidate employees or disrupt operations.
- Domestic Dispute: A person enters their ex-partner’s property without permission to confront or harass them.
Penalties for Aggravated Trespass in Ohio
Aggravated trespass is classified as a first-degree misdemeanor and is punishable by:
- Up to 180 days in jail and/or
- Up to $1,000 in fines.
Defenses Against Aggravated Trespass in Ohio
Common defenses include:
Lack of Intent
Aggravated trespass requires proof that the defendant entered or remained on the property with the intent to harm, threaten, or intimidate. If you did not have this intent and were simply present on the property without malicious purpose, this defense may apply. It is also a valid defense to acknowledge that you entered a person’s property normally (e.g., by walking up to their front door) to discuss some issue, but left when asked to do so.
Consent to Enter
If the property owner or lawful occupant gave you permission to be on the premises, it may negate the trespassing charge, so long as you left when asked to do so.
Self-Defense or Necessity
In some cases, entering the property may have been necessary to avoid imminent harm or danger to yourself or others.
Additional Resources
- Ohio Revised Code § 2911.211: Aggravated trespass is a serious offense in Ohio, involving unlawful entry onto another person’s property with the intent to commit a crime or cause harm.
- Criminal Jury Instructions: Criminal jury instructions are detailed guidelines provided by a judge to jurors during a criminal trial.
Hire an Aggravated Trespass Defense Lawyer in Hamilton County, Ohio
If you’ve been charged with aggravated trespass in Ohio, it’s crucial to have a skilled attorney on your side. The Wieczorek Law Firm provides aggressive and personalized legal representation to defend your rights and secure the best possible outcome.
Call (513)-317-5987 today for a free consultation.