Chicago Criminal Trespass to a Residence Lawyer

If you’ve been arrested or charged with criminal trespass to a residence in Chicago, it’s critical to take the accusation seriously. Depending on the circumstances, this offense can range from a Class A misdemeanor to a Class 4 felony, with potential jail time, a criminal record, and long-term consequences for your reputation and future.

At Phil Haddad Law, we provide experienced, aggressive criminal defense to individuals charged under 720 ILCS 5/19-4. As a leading Chicago criminal defense attorney, I fight for your rights, challenge weak evidence, and work to minimize or eliminate the impact of criminal trespass allegations.

What Is Criminal Trespass to a Residence in Illinois?

Under 720 ILCS 5/19-4, criminal trespass to a residence occurs when a person enters or remains in someone else’s home without permission. There are two main forms of this charge:

1. Misdemeanor Criminal Trespass (Class A Misdemeanor)

A person commits this offense when they:

• Knowingly enter or remain within a residence or house trailer that is the dwelling place of another,
• Without authority to do so,
• But no one is present or the person does not know others are present.

2. Felony Criminal Trespass (Class 4 Felony)

This elevated charge applies when:

• The person enters the residence of another,
• Knows or has reason to know that someone is inside,
• Or remains in the residence after realizing someone is present.

This felony version acknowledges the added danger, fear, or confrontation that can occur when a person enters a home already occupied.

Important Note for Apartment and Condo Cases

Illinois law is clear: in multi-unit buildings, the term “residence” only applies to actual dwelling spaces, not to common areas like lobbies, hallways, laundry rooms, or gyms. That distinction can be critical to your defense if you’re accused of trespassing in an apartment complex.

Penalties for Criminal Trespass to a Residence in Chicago

The penalties depend on the specific charge:

Class A Misdemeanor

• • Up to 364 days in jail
  • Fines up to $2,500
  • Community service or probation
  • Permanent criminal record unless expunged

Class 4 Felony

• • 1 to 3 years in prison
  • Fines up to $25,000
  • Extended-term sentencing up to 6 years in some cases
  • Felony conviction on your record

These penalties can be especially damaging if you’re a student, licensed professional, parent, or non-citizen.

Defending Criminal Trespass Charges in Cook County

At Phil Haddad Law, we understand that not every trespassing accusation is what it seems. Many cases arise from misunderstandings, confused identities, or mistaken belief of permission. We thoroughly investigate the facts and examine every angle of your case.

Common defenses include:

• Lack of intent or knowledge that the property was a private dwelling
• Mistaken identity or wrongful arrest
• Consent or invitation to enter (even if later revoked)
• No knowledge that someone was present inside
• You were in a common area, not a private residence

In many cases, we can push for a dismissal, supervision, or charge reduction, especially if you have no prior record.

Why Hire Phil Haddad as Your Chicago Trespass Defense Lawyer?

As a seasoned criminal defense attorney in Chicago, I bring an aggressive, no-nonsense approach to every case. Whether you’re facing a misdemeanor or a felony charge, I know how to challenge the prosecution and protect your rights—inside and outside the courtroom.

• Skilled negotiation and trial advocacy
• Personalized attention and straight answers
• Accessible 24/7 for urgent legal help
• Trusted in Cook County courts for years

Charged with Criminal Trespass to a Residence in Chicago? Call Now.

If you’re facing charges under 720 ILCS 5/19-4, time is critical. Don’t speak to the police or enter a guilty plea without talking to a skilled defense attorney.

Call Phil Haddad at 708-833-3505 today for a free consultation with a top-rated Chicago trespassing defense lawyer. Serving clients in Chicago, Cicero, Oak Lawn, Berwyn, and all surrounding Cook County areas.