C.G.S. § 53a-107 — Criminal Trespass in the First Degree

What This Charge Means

“Criminal Trespass in the First Degree” is Connecticut’s most serious non-felony trespass offense. It applies when someone knowingly stays on or enters property without the right to be there after a personal order to leave/not enter, or when the trespass happens in violation of a protective/restraining order, or on public land after an order to leave. It’s a Class A misdemeanor, which means real jail exposure, fines, probation, and (in family-violence cases) a criminal protective order.

Elements the State Must Prove

To convict under § 53a-107, prosecutors must prove one of these situations beyond a reasonable doubt:

• You knew you were not licensed or privileged to be there, and you entered or remained in a building or premises after an order to leave or not to enter that was personally communicated by the owner/authorized person; or
• You entered or remained in violation of a protective or restraining order issued for the same premises/person; or
• You entered or remained in violation of a foreign order of protection (valid out-of-state/tribal order) covering the same premises/person; or
• You entered or remained on public land and refused to leave after a personal order by an authorized official (e.g., conservation officer, park or public-works official).

Penalties

• Class A misdemeanor
  Up to 364 days in jail, up to $2,000 fine, and/or probation.
• Public-land surcharge
  If the trespass was on public land under subsection (a)(4), the court must impose an additional surcharge payable to the municipality or the state.

Courts frequently issue criminal protective orders in family-violence versions of this charge (e.g., disputes at a shared residence). Violating that order is a separate crime.

Defenses We Commonly Use

• No “knowing” trespass: You reasonably believed you had permission or privilege to be there.
• No valid personal order: The “order to leave/not enter” was never personally communicated, or the person lacked authority to issue it.
• Order-of-protection issues: The order didn’t cover the location/person, wasn’t in effect, or wasn’t a valid foreign order.
• Mistaken facts / identity: Body-cam, 911 audio, or key witnesses don’t match the report.

Programs & Alternatives (Avoiding a Conviction)

• Accelerated Rehabilitation (AR) — Often available to first-time offenders if the court finds the case “not of a serious nature” and you’re unlikely to offend again. Successful completion leads to dismissal and erasure.
• Family Violence Education Program (FVEP) — If the case is designated family-violence, courts typically steer eligible defendants to FVEP instead of AR; completion leads to dismissal.
• Negotiated reductions — With strong mitigation, trespass 1st can sometimes be reduced to trespass 2nd/3rd or resolved by nolle/dismissal after conditions.

Common Real-World Scenarios

• Returning to a residence after being personally told to stay away.
• Entering a building or yard while a protective order is in place.
• Remaining in a park or public area after a park official orders you to leave.

Related Offenses

• § 53a-108 — Criminal Trespass in the Second Degree
• § 53a-109 — Criminal Trespass in the Third Degree
• § 53a-223 — Violation of a Criminal Protective Order (often charged in DV contexts)

Frequently Asked QuestionsIs Trespass in the First Degree a Felony?

No. It’s a Class A misdemeanor, but the penalties and collateral issues (like protective orders) are serious.

Do I Have to Be Inside a “Building”?

No. The statute covers any premises, and specifically addresses public-land scenarios.

What Counts as a “Personally Communicated” Order?

A direct, personal instruction not to enter or to leave from the owner or an authorized person (or designated public official on public land). Signs or texts alone often aren’t enough for subsection (a)(1).

I Had Permission Before — Does That Help?

Yes. If you reasonably believed you had license/privilege (e.g., past consent, mixed messages), that can defeat the “knowing” element.

What if the Order of Protection Is From Another State?

Valid foreign orders of protection count under the statute.

Can I Get AR on a Trespass 1st?

Often, yes — especially for first-timers with no record. In DV-labeled cases, courts usually consider FVEP instead.

What’s the Max Jail Time?

Up to 364 days, plus up to $2,000 in fines and possible probation.

Why Did I Get a Surcharge for a Park Incident?

Trespass on public land after an authorized official orders you to leave triggers an extra statutory surcharge.

Call Attorney Allan F. Friedman

If you’ve been arrested for Criminal Trespass in the First Degree (§ 53a-107), early action can keep this off your record. I’ll review the order-to-leave, any protective-order issues, and push for AR, FVEP, or a reduction wherever possible. Contact a criminal trespass defense lawyer today.

Call (203) 357-5555 for a confidential consultation.

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