Criminal Trespassing VS Trespassing

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I was in a blacked out drunk state and accidentally went into a neighbors house, where I passed out on their kitchen floor. The police were called, and I was arrested and charged with Criminal Trespassing. I did not 'knowingly" enter their house and I had zero criminal intent in doing so. Can this charge be dropped to simply trespassing? -Thank You

Attorney Answers

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Chester Leroy PalumboDUI / DWI AttorneyDayton, OH ·
criminal trespass is the same as trespass. What you need to be worried about is an aggravated trespass charge. To be honest, you are lucky they did not charge you with either burglary or breaking and entering. Regular trespass is only an M-4 which carries up to 30 days in jail and a $250 fine. You are in Fairborn so Judge Root may give you a few days in jail but I doubt she would max you out.
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Christopher Beck ·
There is no difference between trespassing and criminal trespassing. Criminal Trespassing is just how the trespassing law is titled. This charge carries up to 30 days in jail. Voluntary intoxication such as that you indicated is not a defense. Ohio law defines knowingly as " a person acts knowingly, regardless of his purpose, when he is aware that his conduct will probably cause a certain result or will probably be of a certain nature. A person has knowledge of circumstances when he is aware that such circumstances probably exist. Mistake could potentially be a defense but you would have to prove that your mistake was reasonable. Juries often struggle with all of these factors. I suggest strongly that you retain an experienced criminal defense attorney who can assist you. My office practices in Fairborn on a regular basis. Attorney Chris Beck Beck Law Office, L.L.C. 1370 North Fairfield Rd. Suite C Beavercreek, Ohio 45432 (937)426-4000 phone [email protected] www.becklawofficellc.com
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