The crimes of trespass and burglary may seem similar, but there are several differences between the two crimes and between the different degrees within the crimes.
There are four ways in which a person may be charged of criminal trespass: first degree, second degree, third degree, and by motor vehicle. The difference in the charge depends on what the person is accused of trespassing on. First degree involves where someone lives (house or apartment), second degree involves a structure that is designed to keep someone out (a fenced in yard or other type of building where people don’t live), third degree involves somewhere where you know you don’t have a right to be, but isn’t designed to keep you out (a neighbors yard without a fence and you know it is not your property).
There are also three degrees of burglary. The main difference between the degrees are what type of building is broken into, why the person accused broke into that building, and if a weapon is used, what type of weapon it is.
If you or someone you know has been charged with one of these crimes, you should consult with a lawyer that specializes in criminal law before making any decisions about your case. At Skier & Associates we are available to discuss your case now, offer advice on what you should do next, and discuss what we can do to help you.
FIRST DEGREE CRIMINAL TRESPASS – Code of Alabama Section 13A-7-2
A person commits the crime of “criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling.” A dwelling is a building which is used or normally used by a person for sleeping, living or lodging therein.
Criminal trespass in the first degree is a Class A misdemeanor and the sentence in the county jail cannot be for more than one year.
SECOND DEGREE CRIMINAL TRESPASS – Code of Alabama Section 13A-7-3
A person commits the crime of “criminal trespass in the second degree if he knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders.”
Criminal trespass in the second degree is a Class C misdemeanor and the sentence cannot be for more than three months in the county jail.
THIRD DEGREE CRIMINAL TRESPASS – Code of Alabama Section 13A-7-4
A person commits the crime of “criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.”
Criminal trespass in the third degree is a violation and the sentence in the county jail cannot be over 30 days.
CRIMINAL TRESPASS BY MOTOR VEHICLE – Code of Alabama Section 13A-7-4.1
A person commits the crime of “criminal trespass by motor vehicle when the person, after having been requested not to do so by a uniformed law enforcement officer or by a properly identified owner or an authorized agent of the owner, parks or stands an occupied or unoccupied motor vehicle in, or repeatedly drives a motor vehicle through or within, a parking area which is located on privately owned property and is provided by a merchant, a group of merchants, or a shopping center or other similar facility for customers” if ….
(1) the parking area has at least one sign that says something along the lines of “notice, private property, owner of shopping center, entry restricted to our tenants, their customers, employees and invitees, remaining after proper use is prohibited, violators may be charged with trespassing.”
If the parking area contains more than 150 parking spaces, then by at least one sign for every 150 parking spaces.
AND
(2) “the motor vehicle is parked, is standing, or is being operated other than for the purpose of: transporting some person to or from the interior of the place of business of a merchant identified by the sign or signs in the parking area or to or from the interior of the shopping center or other facility so identified; making use of a telephone, vending machine, automatic teller machine, or other similar facility located in the parking area; meeting the requirements of a situation in which it has unexpectedly become impossible or impractical for the motor vehicle to continue to travel on the public roads; or carrying out an activity for which express permission has been given by the owner of the parking area or an authorized representative of the owner.”
A person who commits the offense of criminal trespass by motor vehicle shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed $50.00 for the first offense, not to exceed $100.00 for the second offense, and not to exceed $150.00 for the third or subsequent offense.
FIRST DEGREE BURGLARY – Code of Alabama Section 13A-7-5
A person commits the crime of burglary in the first degree if “he or she knowingly and unlawfully enters or remains unlawfully in a dwelling (a building which is used or normally used by a person for sleeping, living or lodging therein) with the intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the person or another participant in the crime: is armed with explosives, or causes physical injury to any person who is not a participant in the crime, or in effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the dwelling or immediate flight from the dwelling, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person.”
“The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.”
Burglary in the first degree is a Class A felony and the possible sentence is 10-99 years or life in prison.
SECOND DEGREE BURGLARY – Code of Alabama Section 13A-7-6
A person commits the crime of “burglary in the second degree if he or she knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein and, if in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime: is armed with explosives, or causes physical injury to any person who is not a participant in the crime, or in effecting entry, is armed with a deadly weapon or dangerous instrument or, while in the building or in immediate flight from the building, uses or threatens the immediate use of a deadly weapon or dangerous instrument against another person.”
“The use of or threatened use of a deadly weapon or dangerous instrument does not include the mere acquisition of a deadly weapon or dangerous instrument during the burglary.”
A person also commits the crime of burglary in the second degree if he or she unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony inside.
Burglary in the second degree is a Class B felony and the possible sentence is 2-20 years.
THIRD DEGREE BURGLARY – Code of Alabama Section 13A-7-7
A person commits the crime of “burglary in the third degree if any of the following occur: he or she knowingly enters or remains unlawfully in a dwelling (a building which is used or normally used by a person for sleeping, living or lodging therein) with the intent to commit a crime therein; he or she knowingly enters or remains unlawfully in an occupied building with the intent to commit a crime therein; or he or she knowingly enters or remains unlawfully in an unoccupied building with the intent to commit a crime therein.”
Burglary in the third degree is a Class C felony and the possible sentence is 1 year and 1 day to 10 years.
POSSESSION OF BURGLAR’S TOOLS – Code of Alabama Section 13A-7-8
A person commits the crime of “possession of burglar’s tools if he: possesses any explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; and
intends to use the thing possessed in the commission of an offense.”
Possession of burglar’s tools is a Class C felony and the possible sentence is 1 year and 1 day to 10 years.
This information is intended only to generally inform you of the crimes of trespass and burglary. It is not intended to replace the advice that an experienced lawyer who works with these laws on a daily basis can give you face to face after they hear about the specific facts of your case. Skier & Associates can discuss with you the specific facts of your case and apply them to current Alabama criminal law and advise you on the next legal step you should take. The first step you should take is to email us at blog@skierlaw.com or call (334) 263-4105.
FAQs
What is the Alabama Code for criminal trespass? ›
(a) A person is guilty of criminal trespass in the first degree if he knowingly enters or remains unlawfully in a dwelling or on the premises of any cultivator or processor, as those terms are defined in Section 20-2A-3, or on the premises of any cultivation or processing operation that is part of an integrated ...
Is criminal trespassing a felony in Alabama? ›First-degree criminal trespass is considered a class A misdemeanor. Those convicted of violating this statute may be sentenced under Ala. Code §13A-5-7(a)(1) to up to one year of incarceration in county jail or to one year of hard labor for the county.
What is the penalty for criminal trespass 3rd in Alabama? ›A person commits the crime of “criminal trespass in the third degree when he knowingly enters or remains unlawfully in or upon premises.” Criminal trespass in the third degree is a violation and the sentence in the county jail cannot be over 30 days.
What is criminal trespass 1st degree in Alabama? ›A person commits the crime of criminal trespass in the first degree if he/she knowingly enters or remains unlawfully in a dwelling.
What is the criminal code for burglary in Alabama? ›Section 13A-7-5 - Burglary in the first degree (a) A person commits the crime of burglary in the first degree if he or she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in dwelling or in immediate flight therefrom, the ...
What is criminal trespass typically graded as ____? ›Criminal trespass is generally graded as a felony, albeit a less serious felony than burglary, or a misdemeanor if the area trespassed is a place rather than an occupied building or structure.
What is criminal trespassing in the second degree in Alabama? ›A person commits the crime of criminal trespass in the second degree if he/she knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders.
What is burglary in the second degree in Alabama? ›A person commits the crime of burglary in the second degree if he/she unlawfully enters a lawfully occupied dwelling-house with intent to commit a theft or a felony therein.
Is breaking and entering a felony in Alabama? ›(2) Any physical object connected with the body. (3) Unlawful breaking and entering a vehicle is a Class C felony.
What is the sentence for burglary in Alabama? ›Punishments for Burglary
Burglary in the second degree – Class B felony, a prison sentence of not more than 20 years or less than two years. Fine of up to $30,000. Burglary in the first degree – Class A felony, prison sentence of not more than 99 years or less than 10 years. Fine of up to $60,000.
How long is a sentence for trespass? ›
In the majority of cases, trespassing in California is misdemeanor crime. If you are convicted of penal Code 602, the legal penalties include up to 6 months in a county jail and a fine of up to $1,000.
What is the sentence for trespass? ›Examples from Collins dictionaries
They were trespassing on private property. You could be prosecuted for trespass. They were acting to prevent the state from trespassing on family matters such as sex education.
A person commits the crime of burglary in the first degree if he/she knowingly and unlawfully enters or remains unlawfully in a dwelling with intent to commit a crime therein, and, if, in effecting entry or while in the dwelling or in immediate flight therefrom, the person or another participant in the crime is armed ...
What is burglary in the third degree in Alabama? ›A person commits the crime of burglary in the third degree if he/she knowingly enters or remains unlawfully in a dwelling with the intent to commit a crime therein. (2) The defendant did so knowingly.
How long does a trespass warning last in Alabama? ݤ 161.705 How long will a written trespass notice remain in effect? A written trespass notice will remain in effect for the same action identified in that written notice for a period of one year from the date of receipt of the written notice by the trespasser.
Is burglary 3rd a felony in Alabama? ›(b) Burglary in the third degree is a Class C felony.
What is the difference between burglary and robbery in Alabama? ›Many people think of Burglary and Robbery as being the same or very similar; in fact they are very different. Robbery is about either the threat of physical harm or use of physical harm to either commit a theft or in the use of escaping. Burglary is the entering a building with the intent to commit a crime.
What is the title 13 burglary 2nd degree in Alabama? ›A person commits the crime of burglary in the second degree if he/she knowingly enters or remains unlawfully in a building with intent to commit theft or a felony therein, and, if in effecting entry or while in the building or in immediate flight therefrom, the person or another participant in the crime causes physical ...
What elements of an offense have to be proven before someone can be charged with the crime? ›In order to convict the defendant, these elements of a crime must then be proven in a court of law beyond a reasonable doubt. Most crimes require that three essential elements be present: a criminal act (actus reus), criminal intent (mens rea), and a concurrence of the previous two elements.
Which of the following is an excuse defense? ›Excuse defenses include insanity, diminished capacity, duress, mistake, infancy and entrapment.
Can a person ever commit common law burglary of his own dwelling? ›
Next, common law burglary must have been committed at night (daytime breaking and entering was the lesser crime of trespass). The “of another” requires that the burglar break into someone else's home, as a person cannot commit burglary in his own home.
What is the punishment for theft of property 2nd degree in Alabama? ›Theft of property in the second degree occurs when the property stolen is valued between $1,500 and $2,499. Theft in the second degree is a Class C felony and carries a penalty of between one and ten years of imprisonment.
Is theft of property 2nd degree a felony in Alabama? ›Alabama Theft of Property 2nd Degree
Theft of property in the second degree is a Class C felony.
A person commits the crime of possession of burglar's tools if he/she (1) possesses any explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; and (2) intends to use ...
Is burglary 2nd degree a felony in Alabama? ›(c) Burglary in the second degree is a Class B felony.
What is the highest degree of burglary? ›First-Degree Burglary is the most serious of the four degrees. This is a typically considered a felony which means upon conviction the criminal faces years in prison and fines or restitution.
What is burglary second degree OK? ›The punishment for burglary in the second degree under California Penal Code Section 461(2) consists of imprisonment in the county jail not exceeding one year or in the county jail for a term of 16 months, 2 years or 3 years.
How much money do you have to steal for it to be a felony in Alabama? ›Alabama makes it a felony to steal property or services valued at over $500. Learn about Alabama's penalties for theft. Defend your rights. We've helped 95 clients find attorneys today.
What is the home invasion law in Alabama? ›In Alabama, a home invasion can be charged as criminal trespass or burglary. Criminal trespass occurs when someone unlawfully enters, or remains in, a building or other premises without permission. Burglary takes it one step further. Basically, burglary is criminal trespass plus intent to commit a crime.
What are felony restrictions in Alabama? ›Punishment for felonies range from a year and a day to death by lethal injection. In Alabama, felonies are graded A, B or C. In an A felony, the punishment range is 10-99 years or life; a B felony is 2-20 years; and a C felony is a year and a day up to 10 years.
What is a simple sentence about burglary? ›
There have been a number of burglaries in the neighborhood in recent months. He has been charged with attempted burglary.
What is the common law of burglary? ›The common law definition of burglary is the breaking and entering of someone else's dwelling at night with the intent to commit a felony therein. For the entry element to be satisfied, there must be either actual or constructive entry into the dwelling.
What is the sentence for theft of property in the first degree in Alabama? ›In Alabama Theft First Degree is a Class B felony; the potential punishment is from 2-20 years in prison when the alleged value is over $2,500 dollars. Theft of property in the second degree is a Class C felony; theft in the second degree has potential punishment from 1-10 years in prison.
What are the three types of trespass? ›Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.
Can I tell someone to get off my property? ›A trespass notice can be verbal or written
A trespass notice is a formal warning that tells a person to stay off your property. You can trespass them verbally, or by giving or sending them a written trespass notice. Find out how to serve a trespass notice in writing.
: an unlawful act committed on the person, property, or rights of another. especially : a wrongful entry on real property. : the legal action for injuries resulting from trespass. : a violation of moral or social ethics : transgression. especially : sin.
Can you go to jail for trespassing in USA? ›Most trespassing crimes are misdemeanor-level offenses. Misdemeanors typically carry a maximum sentence of one year in jail and fines.
What is an example of trespass on the case? ›For instance, a person struck by a log as it was thrown onto a road could maintain trespass against the thrower but one who was hurt by stumbling over it could maintain and action on the case.
How do you use prosecuted in a sentence? ›Example Sentences
The case is being prosecuted by the assistant district attorney. She criticized the government for the way it has prosecuted the war.
Section 13A-8-5 - Theft of property in the fourth degree (a) The theft of property which does not exceed five hundred dollars ($500) in value and which is not taken from the person of another constitutes theft of property in the fourth degree. (b) Theft of property in the fourth degree is a Class A misdemeanor.
What is the first element of burglary? ›
Breaking and entering
This is the first element of a burglary. In order to bring criminal charges, the prosecution must prove that the defendant broke into someone's property illegally. This means entering without consent or authority. Breaking in can include opening an unlocked door or window.
Burglary in the first degree refers to all residential burglaries. For example, if a person enters another person's home to commit grand theft or rape a person inside, the defendant will be charged with first-degree residential burglary.
What is the statute of limitations on burglary in Alabama? ›In Alabama, the general statute of limitations for misdemeanors is 12 months, while the generic limitations period for felonies is five years.
What is considered trespassing in Alabama? ›A person commits the crime of criminal trespass in the third degree if he/she knowingly enters or remains unlawfully in or upon premises. (2) The defendant did so knowingly.
How many degrees are there in burglary? ›California Penal Code Section 460 categorizes burglary into first degree burglary, which is a felony, and second degree burglary, which may be charged as a misdemeanor or a felony.
Can you go to jail for trespassing in Alabama? ›First-degree criminal trespass is considered a class A misdemeanor. Those convicted of violating this statute may be sentenced under Ala. Code §13A-5-7(a)(1) to up to one year of incarceration in county jail or to one year of hard labor for the county.
What is 13A 7 3 in Alabama? ›A person commits the crime of criminal trespass in the second degree if he/she knowingly enters or remains unlawfully in a building or upon real property which is fenced or enclosed in a manner designed to exclude intruders.
What is Georgia statutes and codes 16 7 21 criminal trespass? ›Section 16-7-21 - Criminal trespass (a) A person commits the offense of criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less or knowingly and maliciously interferes with the possession or use of the property of ...
What is trespass on the case in law? ›1. trespass on the case - an action brought to recover damages from a person whose actions have resulted indirectly in injury or loss; "a person struck by a log as it was thrown onto a road could maintain trespass against the thrower but one who was hurt by stumbling over it could maintain and action on the case"
What is a Class C misdemeanor in Alabama? ›Class C misdemeanors charges could result in jail sentences of up to three (3) months and fines of up to $500.00. Examples of Class C misdemeanors include, open container, public lewdness, harassment, and disorderly conduct.
What is Alabama Code 13A 11? ›
Code § 13A-11-9. Current through Act 127 of the 2023 Regular Session. Section 13A-11-9 - Loitering (a) A person commits the crime of loitering if he or she does any of the following: (1) Loiters, remains, or wanders about in a public place for the purpose of begging.
What is Alabama 13A 12 120? ›(a) No person shall commit an act of prostitution, as defined in Section 13A-12-120, with a minor. (b) No person shall solicit, compel, or coerce... (a) Each violation of Section 13A-12-121 is a Class A misdemeanor. (b) A violation of Section 13A-12-121.1 is a Class B felony.
What is Alabama Code 13A 11 10? ›According to Alabama Code §13A-11-10, an individual may be found guilty of public intoxication when that person is in a public place while under the influence of alcohol or drugs to such a degree that the person either poses a danger to people around them or behaves in such a boisterous and offensive manner that it ...
What is 13a criminal trespass in Alabama? ›A person commits the crime of criminal trespass in the third degree if he/she knowingly enters or remains unlawfully in or upon premises.
What is intent in trespass? ›Trespass to land occurs when a person intentionally enters someone else's property without permission. The only intent required for this claim is the intent to enter the property. So even if your neighbors accidentally cross from their property into your lot, they can be liable for trespass.
What is 16 13 30 GA Code of Laws? ݤ 16-13-30 - Purchase, possession, manufacture, distribution, or sale of controlled substances or marijuana; penalties. (a) Except as authorized by this article, it is unlawful for any person to purchase, possess, or have under his control any controlled substance.
What are the two types of trespass? ›Generally, a trespass refers to a wrongful use of another person's property without his or her permission. Under intentional torts, there are two types of trespass: (1) trespass to chattels and (2) trespass to land.
What is the difference between trespass and trespass on the case? ›The writs of trespass and trespass on the case are the two catchall torts from English common law, the former involving trespass against the person, the latter involving trespass against anything else which may be actionable.
What is 13A 5 6 in Alabama? ›Section 13A-5-6 - Sentences of imprisonment for felonies (a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations: (1) For a Class A felony, for life or not more than 99 years or less than 10 years.
What is a Class D felony in Alabama? ›Class D Felonies: Sentences and Examples
theft of property worth more than $500 but less than $1,500. fraudulent or unauthorized use of a credit or debit card, and. possession of a controlled substance (illegal drug) for personal use.
What is the minimum sentence for a Class A felony in Alabama? ›
The firmest felony convictions fall into Class A Felonies. In the State of Alabama, these convictions will carry a sentence of no less than ten years and no more than life / 90 years in jail. If a deadly weapon is involved, the minimum sentence immediately jumps up to twenty years in prison.