Criminal Trespass in the Second Degree C.G.S. §52a-119

Introduction

Getting arrested for criminal trespass in the second degree can feel frustrating, especially when you didn’t think you were doing anything wrong. Many of my clients say the same thing: they thought the property was abandoned, open to the public, or that they had permission to be there. Instead, they ended up in handcuffs facing a criminal record.

Connecticut law doesn’t always leave much room for mistakes or misunderstandings. Even stepping onto private property without clear permission can lead to an arrest. The good news is that there are many ways to fight these charges and, in many cases, keep your record clean.

The Law – C.G.S. § 53a-108

Under C.G.S. § 53a-108, a person is guilty of criminal trespass in the second degree when they:

• Knowingly enter or remain in a building without license or privilege, or
• Knowingly enter or remain on land after being told not to enter (by actual communication, signs, or fencing).

This offense is classified as a Class B misdemeanor in Connecticut.

Penalties for Criminal Trespass in the Second Degree

If convicted, you face:

• Up to 6 months in jail
• A fine of up to $1,000
• Up to 1 year of probation
• A permanent criminal record that can appear on background checks

Even though this is a misdemeanor, the record can cause problems with jobs, housing, and licenses. That’s why it’s important to take these charges seriously.

Real-World Examples

1. Ignoring Signs – A man walks into an abandoned warehouse in Bridgeport with “No Trespassing” signs posted on the doors. He is arrested for second-degree trespass.
2. Dispute with a Neighbor – A woman continues walking her dog across a neighbor’s yard after being told not to. Police are called, and she is charged with trespass.
3. Locked School Building – Teenagers enter a closed school after hours through an unlocked door. Even though no damage is done, they are charged with trespassing inside a building.
4. Mistaken Innocence – A delivery driver enters the wrong property by mistake, thinking it was the correct address for a package. He leaves quickly but is still accused of trespass. In this case, a defense lawyer can show there was no intent to unlawfully remain, and the driver should not be convicted.

Related Offenses

• Criminal Trespass in the First Degree (C.G.S. § 53a-107) – More serious trespass, often involving schools or posted facilities.
• Criminal Trespass in the Third Degree (C.G.S. § 53a-109) – Less serious, simple unlawful entry onto land.
• Burglary (C.G.S. §§ 53a-101 to 103a) – Entering with intent to commit a crime inside; a felony.
• Disorderly Conduct (C.G.S. § 53a-182) – Sometimes charged alongside trespass if an argument occurs.

Defenses to Criminal Trespass

There are several strong defenses:

• Lack of intent – You didn’t knowingly enter unlawfully.
• Mistake of fact – You thought you had permission or were on the correct property.
• Insufficient notice – No signs, fencing, or direct communication telling you to stay off.
• Emergency or necessity – Entering to seek help or avoid danger.

The Accelerated Rehabilitation (AR) Program

For many first-time offenders, the Accelerated Rehabilitation (AR) Program is the best way to resolve a trespass case. If granted, you are placed under court supervision for up to two years, sometimes with conditions like community service.

If you complete the program successfully, your case is dismissed and erased from your record. Because AR is a one-time program, it should be used strategically. A defense lawyer can help decide if AR is the right option or if fighting the charges in court makes more sense.

FAQs About Criminal Trespass in the Second Degree1. Is Second-Degree Trespass a Felony?

No. It is a Class B misdemeanor, which is less serious than a felony. Still, a conviction creates a permanent criminal record and can affect jobs, housing, and future opportunities.

2. What’s the Difference Between Second-Degree and Third-Degree Trespass?

Second-degree trespass typically involves entering a building or land after being told not to, while third-degree trespass usually applies to simple unlawful entry onto land. The difference matters because second-degree carries higher penalties and is treated more seriously in court.

3. Can I Be Arrested Even if I Didn’t Cause Damage?

Yes. Trespass charges are based on unlawful entry or remaining on property, not on whether damage was done. Many people are surprised to learn they can be arrested even if they never harmed anything.

4. What if I Didn’t See the “No Trespassing” Sign?

If the signs were unclear or not visible, this can be a defense. The state must prove that you knowingly entered without permission, and lack of proper notice can weaken their case.

5. Will I Go to Jail for Trespassing?

Jail is possible, but unlikely for a first offense. Most cases result in probation, dismissal, or diversion through the AR program if you have no prior record.

6. Can the Case Be Dismissed?

Yes. Many trespass cases are dismissed if the evidence is weak, if intent can’t be proven, or if the AR program is granted. With the right lawyer, dismissal is often a realistic outcome.

7. How Long Does a Trespass Case Take?

Most cases wrap up in a few months. If you use the AR program, your case will last longer, but it usually ends with dismissal and erasure of the charges.

8. How Can a Lawyer Help Me?

A lawyer can argue that you lacked intent, didn’t see proper notice, or had permission to be there. They can also negotiate for dismissal or entry into AR to protect your record.

Conclusion & Call to Action

A trespass charge might seem minor, but it can leave you with a criminal record that follows you for years. The good news is that these cases are often very defensible, especially if there was confusion, lack of notice, or no intent to break the law.

📞 Call me, Allan F. Friedman, Criminal Lawyer, at (203) 357-5555 or contact me online for a free consultation. I will fight to protect your record and help you move forward.

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