Under Ohio criminal law, trespassing is illegal and can come with a variety of consequences for adults. However, when a minor is involved, the case may differ slightly. Take a closer look at what's involved with the charge and how to proceed with a juvenile case, below.

What Is Considered Trespassing?

Trespassing is entering someone else's property without permission—either verbal or written. All private property, including land, is protected as are public or private grounds open to the public but with restricted hours. Additionally, the law applies to premises considered critical infrastructure, like energy producers and hospitals. 

How Are Trespassing Charges for Minors Handled in Ohio?

Both adults and minors are expected to follow the criminal trespass laws in Ohio. However, if someone is under the age of 18 when the alleged crime takes place, they can be tried in juvenile court. As a result, juvenile law dictates that the charge and conviction, if applicable, are hidden from public view. However, they can still face serious repercussions. 

Criminal law in Ohio classifies trespassing as a fourth-degree misdemeanor in most cases. A conviction comes with a potential of up to 30-days in jail—juvenile hall for minors—and a maximum fine of $250. If physical violence is intended or threatened alongside trespassing, the charge is bumped to a first-degree misdemeanor with up to 180 days incarceration and a max fine of $1,000. 

What Are the Possible Defenses?

The legal approach taken by a defense attorney varies by case. First, there needs to be some level of proof that the trespass even occurred, such as eyewitness accounts, photographs, or video. They may also ask if there was any trespass signage visible that clearly indicated no one should venture onto the property.

Alternatively, the defense may try to reduce the charges. Courts are often more lenient on minors, especially first-time offenders with non-violent cases. For that reason, they may grant reduced charges and sentencing based on the child's past record or in exchange for a public service, like community service.

If your child is facing trespassing charges, contact Michael A. Newland Esquire to review your options. The Hamilton, OH, based defense attorney offers valuable experience in both areas of juvenile and criminal law, providing an important advantage. Find out how the firm can support your family online or by requesting a case consultation at (513) 887-9595.