What is the Law on Trespass in Delaware and what are the Punishments for it?Landowners, as well as businesses usually have two severe fears before them. These are the threat of trespassing and the liability, which is a part and parcel of owning private properties. The role of signage may vary from state to state in the United States in terms of legal issues related to criminal and private property trespassing. Apart from preventing the problem of trespassing, signage has various other uses including a wish for privacy, theft prevention, vandalism, preventing trapping, fishing, and hunting, as well as, prevention of liability. In a majority of cases, states usually define trespassing as remaining or entering on a property or premises where the person does not have the privilege, license, or authorization to do so.
Trespassing in Delaware
It is a criminal offense in Delaware to remain or enter inside or on a property without authorization. The crime is referred to as trespassing while there are various levels or degrees of trespassing charges in the state. In case a person has been arrested for criminal trespassing or trespassing in the state, it is suggested to get in touch with an experienced and skilled trespassing defense attorney in Delaware.
Levels of Criminal Trespass in Delaware
The state of Delaware has defined 3 degrees or levels of criminal trespass. There is one that is applicable only for the purpose of agriculture in the state.
1. Third-degree criminal trespass in Delaware
According to state law, an individual is held guilty of the third-degree criminal trespass if he remains or enters illegally upon real property knowingly. Third-degree criminal trespass is a violation in the state of Delaware.
2. Second-degree criminal trespass in Delaware is an unclassified misdemeanor
An individual is held guilty of the second-degree trespass in Delaware when he/she knowingly remains or enters illegally upon real property or in a building that is enclosed or fenced in a way that demonstrates it means to exclude intruders. Second-degree criminal trespass is considered an unclassified misdemeanor in Delaware. When a person is found guilty of the second-degree criminal trespass in the state of Delaware, he/she can be penalized by a maximum fine of 575 USD and a maximum prison term of 30 days.
3. First-degree criminal trespass in Delaware is a Class A misdemeanor
In Delaware, a person is held guilty of the first-degree criminal trespass if he or she remains or enter illegally in a building or a dwelling used to house, shelter, feed, raise, exhibit, study, or feed animals. The state of Delaware considers the first-degree criminal trespass is a Class A misdemeanor.
Last, but not least, the first-degree criminal trespass related code is deployed only for agriculture in Delaware.
It should be noted that the first-degree criminal trespass meant for agriculture purposes is considered a Class A misdemeanor in the state. Also, it is the most severe kind of misdemeanor that exists in the state with the most stringent punishments for the person convicted of the offense. The guilty can be punished by a maximum fine of 2,300 USD, which is the heftiest amount to be paid out of all the degrees of criminal trespassing along with a maximum prison term of 1 year.
It is also possible that the court directs the person guilty of trespassing to pay restitution. It signifies repayment for property damage, any kind of medical expenses, or other expenses met by others because of the trespass.
In Delaware, when a person is arrested for trespassing, there could be other types of charges slapped including burglary, robbery, and theft. Some of these offenses are felonies and they can lead to severe consequences when convicted.