This would depend on a vast number of mitigating circumstances, the most significant being the disposition of the county toward this crime in particular.
Second only the the aforementioned, one's prior criminal record conrtibutes significantly to the determination of your case if and when it reaches the level of ultimate diposition (the courts):
For example, if it were to be your first offense, the fine is likely to be low, without attached jail-time-more likely than not including some probation and community service (this taking into consideration that you have an at least the marginally effective defense counsel necessary to successfully argue your case before the jude.
If no property damage was perpetrated on the owners holdings by virtue of your unwelcomed and unlawful entrance into said property, and if this is your first offense-you are likely to be released with a nominal fine and community service as well as Probation obligations.
However, and this is a big however, not only do different states and precints within those states have at their disposal wide discretionary leeway in their determination of even misdemeanor cases, but these court's dipositions towards such crimes with regard to sentencing guidelines are based upon "mitigigating circumstances"-in other words, the specific circumstances pertaining to your case.
For example, if you simply ran through a farmer's field at night, there is little chance you would receive more than a class c misdemeanor, and a very small fine (though you may well be shot-by the farmer in question,a much more permanent sentence).
On the other hand, if you were to "trespass" into a private home or private place of business, your sentence would be based upon the crime "breaking and entering"-a charge listed as a felony, for which a Prison sentence would more than likely be applied.
Most importantly , breaking into another's residence at night carries not only a charge for which one may be sentenced to anything from 10-50 yrs. (again, depending on prior arrests.)-
These sentenceing guideline differ, of course, from one state to another.
But the night home/business burglery is not only seen as one of the most heinous acts (as this is the time during which most families are home,or asleep, making violence all the more likely adn the experience much more traumatic). I
In the case of "trespassing" in someones home at night, you can be assured of receiving not only the maximun sentence allowed under the law in whatever state the crime occurred, but the addition of an "aggravated" rating (due to the aforemented circumstances) which ensures that-rather than becoming eligible for parole within the average time period of one half or less of your total sentence-you will,instead, be required to serve 70% of your sentence before even becoming eligible for parole (this is the case in a large number of states, but not all).
So, the answer boils down to: WHERE do you inted to tresspass, WHAT is you prior criminal record, WHETHER a gun is in your possession, AND whether your trespassing was actually a means to the end of burglery, or another crime.
I might be of more assistance if I knew the specific circumstances of your case-as it is impossible to generalize based on the amount of information you've provided.
If you'd care for more specific advice, I can be contaced at promicarusunsound@yahoo.com
2006-08-15 18:08:10
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answer #1
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answered by Janjibarwarsh Hujimandbadar 1
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it depends what state you live in criminal trespassing in some states such as pa can carry anywhere from $500 to up to 6 months in jail
2006-08-15 17:31:22
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answer #3
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answered by uofsmike 4
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depends if you are trespassing onto government property, private property, or into someones house.
2006-08-15 17:42:09
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answer #4
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answered by Anonymous
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Depends on where you live. In the state of Oregon you can be shot for it.
2006-08-15 17:32:08
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answer #5
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answered by Anonymous
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