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What Is Criminal Trespass in Delaware?
In Delaware, criminal trespass occurs when someone enters or remains on another person’s property without that person’s permission or any legal right to do so. Delaware law (Title 11, § 820–822 of the Delaware Code) describes trespass as occurring in degrees. In the simplest form, it involves receiving a warning (whether in the form of a fence, a placard saying “No Trespassing”, or a direct conversation) and then going onto the land, building, or premises anyway.
The law also applies to someone who remains on the property after being told to leave, even if they lawfully entered the premises initially. The intended crime, being a trespass, also affects how serious the charge is likely to be. Entering a locked building or fenced yard without permission demonstrates a disregard for the law and is likely to result in serious trouble. In Delaware, criminal trespass highlights the importance of respecting property boundaries, both physically and mentally, and recognizing signs or direct communication as legally binding.
How to Look Up Public Criminal Trespass Records in Delaware
To access public criminal trespass records in Delaware, interested individuals can begin by visiting Delaware CourtConnect, the state’s official online court records portal. Within this website, users can search for trespass criminal cases via an individual’s name, case number, or citation number. This portal is accessible free of charge and provides extensive information about a case, including court dates, status, and dispositions.
After searching and not finding records online, searchers can obtain official copies, or verification may be done via an in-person visit or by contacting the Clerk of Court in the relevant case-filing county, which can be New Castle, Kent, or Sussex County. Be aware that the public will not have access to records that have been sealed or expunged. For certified records, a nominal fee is required to cover the administrative charge paid to the Delaware State Bureau of Identification for criminal background records.
Types of Criminal Trespass Offenses
Different circumstances and intent affect the type of criminal trespass violation under the Delaware Code. These types of crimes are categorized under Title 11 Delaware Code sections §820 through 822 and described as follows:
- Criminal Trespass in the Third Degree: This is the least severe conviction and typically results in the least severe punishment. Under First Degree Criminal Trespass, the trespasser knows that the property is private, and still goes onto it and remains there. This violation is typically a minor offense or violation as described in the Delaware Code.
- Criminal Trespass in the Second Degree: This occurs when the trespasser enters private land and remains there without permission, and the land is fenced or enclosed. This is also a Class B misdemeanor, the same as the First Degree Criminal Trespass violation.
- Criminal Trespass in the First Degree: This is the most severe and the most punishable offense under Title 11 Delaware Code. First-degree criminal trespass occurs when the trespasser enters a private area where people are living. This is a Class A misdemeanor, and therefore, the punishment is more severe.
Penalties for Criminal Trespass in Delaware
In Delaware, the repercussions for criminal trespass vary by the degree of the offense and surrounding factors. Most trespass charges are indeed misdemeanors, and not felonies, but they can still lead to lasting consequences.
Third-degree criminal trespass is the lowest degree and is considered a violation. It carries a possible fine of $100, and incarceration is very rare. Second-degree criminal trespass is a Class B misdemeanor, which carries a potential six-month jail sentence and a fine of $1,150. In contrast, a first-degree criminal trespass is the most severe trespass charge and is a Class A misdemeanor, which can result in up to one year of incarceration and a fine of up to $2,300.
| Offense Type | Penalty |
|---|---|
| Third-Degree Trespass | A fine of up to $100 |
| Second-Degree Trespass | Up to 6 months in jail, along with a fine of $1,150 (it is a Class B misdemeanor) |
| First-Degree Trespass | Up to 1 year in jail and $2,300 fine (Is a Class A misdemeanor) |
Can You Be Arrested for Criminal Trespass in Delaware?
In Delaware, criminal trespass can lead to arrest. Law enforcement officers have the power to arrest if someone is unlawfully entering or illegally remaining on someone else’s property. If someone is on the property without permission or is told to leave, they can be arrested on the spot. If the suspect is not there, police can obtain video surveillance, witness testimony, or other evidence to obtain a warrant for unlawful entry. However, if the trespasser is a minor, police might decide not to make an arrest. Repeat offenders who trespass into homes, on fenced property, or at night are likely to be arrested by law enforcement, and formal charges will be made.
How Criminal Trespass Differs from Burglary or Breaking and Entering in Delaware
In Delaware, criminal trespass is sometimes confused with burglary and breaking and entering, though legally, they differ. Trespass is entering or staying on someone’s property without permission, while burglary is entering with the intent to commit a crime like theft or assault. Though Delaware law does not explicitly use the term “breaking and entering”, the concept is covered under its burglary statute.
While the location and circumstances determine the degree of a trespass, as well as how much of a warning was ignored or how many barriers were crossed, trespass is a misdemeanor or violation. Unlike trespass, burglary is a felony crime involving greater criminal intent and the presumed forced entry of a home or building. It is the degree of intent that distinguishes the charges from not only the act of entering.
Here is a table comparison:
| Crime | Key Difference | Penalty |
|---|---|---|
| Criminal Trespass | Unlawful entry without receiving permission, but with no intent to commit another crime | This is a violation or misdemeanor with up to one year in jail |
| Burglary | Unlawful entry with intent to commit a crime, such as theft or assault, within the premises | This is a felony with up to several years in prison |
| Breaking and Entering | This is not a separate charge in Delaware; it is covered under burglary laws. | This is equivalent to burglary and is a felony. |
Can a Criminal Trespass Charge Be Dismissed or Reduced in Delaware?
Yes, sometimes, in Delaware, criminal trespass can be dismissed or reduced, especially in the case of first offenders or minor incidents. Prosecutors balance damage and intent along with the person’s criminal history and case history. If there are no damages or the trespass was performed quickly and unintentionally, the prosecution can drop or reduce the charges to a lesser trespass violation.
Delaware courts can offer diversion disposition and delayed adjudication. Delaware offers community service to dismiss the case, along with other adjudication settlement activities like attendance in certain classes or counseling. When complete, these dismiss the case, and the conviction is unaffected.
Convicted offenders can still access the expungement process in Delaware and can petition to seal certain trespass charges after a determined waiting period with no active criminal charges. This process helps to combat the unhelpful long-term impacts in the areas of employment and housing. This is why consultations with defense attorneys or public defenders can identify the most effective way forward for a dismissal or reduced charge.
Will a Delaware Criminal Trespass Charge Stay on Your Record?
In Delaware, unless a criminal trespass charge is sealed, dismissed, or expunged, it could remain a permanent part of a person‘s record and continue showing up on background checks. While trespass is usually classified as a misdemeanor or a violation, it becomes part of a criminal record history as soon as charges are filed. This means it could be seen by employers, landlords, and other entities that conduct background checks.
Affected persons are eligible for an expungement, meaning it can be removed from public view, if their case was dismissed, they were acquitted, or resolved through a diversion program. Once a charge is expunged, it should not appear on any standard background checks. For those convicted, Delaware law places a waiting period before expungement can be claimed, but it is only after the whole sentence is served and no new crimes have been committed.
The clean slate that comes with record sealing or expungement, helping to ensure the incident does not follow a person for the rest of their life, is a massive relief for many. Those most likely to receive early expungement are individuals who were not convicted or have completed a diversion program. Confirmation of eligibility and filing can be streamlined with the help of a defense attorney or Delaware’s State Bureau of Identification (SBI).
Expungement or Record Sealing Options in Delaware
Delaware legislation permits the expungement or sealing of certain criminal trespass charges and convictions, depending on the case disposition and the individual’s record. Expungement is the complete removal of the record and public access to it. Sealing of the record means that it is still accessible to certain authorities, like the police or specified government bodies.
Dismissed charges, acquittals, and diversion program resolutions generally qualify for mandatory expungement, which means the court is required to remove the record if the individual requests it. Convictions still qualify for expungement, but this depends on the degree of the offense and the maintenance of a clean record for a specified number of years after completing all court obligations and requirements. Generally, first-time misdemeanor offenses like criminal trespass will allow for expungement after the waiting period.
Delaware State Bureau of Identification (SBI) generally manages this and may require the individual to file a petition. After successfully sealing or expunging a record, background checks will not show the incident, allowing individuals to move on with their lives.