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Criminal Trespass Crimes in Ohio

Interviewer: We haven’t talked about trespass, or criminal trespass, what is trespassing? What’s involved that versus criminal trespass?

Adam: There are several different trespass crimes in Ohio. There’s aggravated trespass, there’s a criminal trespass on a public amusement park, which is a separate charge, believe it or not. Then there is also a charge of aggravated trespass.

Interviewer: Trespassing in a place of public amusement. Is that amusing to law enforcement?

Adam: No. They don’t think it’s too funny.

Interviewer: Is it usually charged as a misdemeanor, or a felony, and how severe is it?

Aggravated Trespass Charges

Adam: Trespassing crimes are all going to be misdemeanors. There are different levels of misdemeanor. The aggravated trespass is a misdemeanor of the first degree.

Interviewer: What is the aggravated trespass? What makes the charge aggravated versus one that is not aggravated?

Adam: Whether you intend to go on the property to threaten somebody, or you attempt to cause him or her harm.

Interviewer: It sounds like aggravated trespass leads to assault, or leads to robbery. It sounds like these are all interlinked. Are these crimes typically charged and lumped together when somebody gets in trouble?

Adam: They could possibly be charged under several different offenses. In aggravated trespass, they also don’t have to cause any harm, they just have to cause the other person to believe that harm may befall him or her. They could be charged without actually ever striking anyone.

Interviewer: How often are the prosecutors going to add aggravated charges?

Adam: You could very easily get aggravated trespass where you hit somebody and then you’re going to be charged with assault also. There could be many different scenarios where criminal charges overlap.

By Adam Hunt

Ohio Criminal Defense Attorney Adam Hunt
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