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@alabamapardonlawyer.com or call (334) 263-4105.