Criminal Trespass 3rd Degree in Alabama: Penalties and Defenses

Third-degree criminal trespass in Alabama is the state’s lowest-level trespass offense, defined in Alabama Code Section 13A-7-4 as knowingly entering or remaining unlawfully on any premises.¹ It’s classified as a violation rather than a misdemeanor, which means the maximum punishment is 30 days in county jail and a $200 fine. A conviction still creates a criminal record.

What the State Has to Prove

The offense has two elements. You entered or remained on someone’s property, and you knew you weren’t supposed to be there. The statute says “knowingly enters or remains unlawfully in or upon premises,” so an accidental or unknowing entry does not meet the standard.¹ The prosecutor has to show you were aware your presence was unauthorized.

“Premises” is broad. It covers any building and any real property, so the charge can attach to open fields, parking lots, commercial buildings, or private land.² What narrows the offense is the word “unlawfully,” and that word does most of the work in real cases.

When You Are Legally Allowed to Be There

Section 13A-7-1 identifies several situations where you’re considered licensed or privileged to be on property even without an explicit invitation. Two matter most in third-degree cases.

If property is open to the public, you have a legal right to be there unless someone with authority personally tells you to leave.² Access to the public area of a building doesn’t extend to restricted sections like stockrooms or employee-only areas, but you can’t be charged for being in the parts of a store, park, or business open to customers unless you were ordered out.

Unimproved land that isn’t fenced or enclosed gets similar treatment. If the land appears unused and isn’t fenced, you have a legal privilege to be there unless the owner personally tells you to leave or posts notice against trespassing in a conspicuous way.² Alabama recognizes two forms of conspicuous notice: traditional no-trespassing signs that are “reasonably likely to come to the attention of intruders,” and purple paint marks on trees or posts that meet the statute’s dimensions, height, and spacing requirements. If the signs are hidden or fallen, or the paint marks don’t meet the statutory standards, the notice may not be legally sufficient, and without valid notice the prosecution can’t prove your presence was unlawful.

How Third Degree Differs from First and Second

What separates the three degrees of criminal trespass in Alabama is the type of property involved. All three require knowingly entering or remaining unlawfully.

Third degree, a violation, covers entering or remaining unlawfully on any premises. It’s the catch-all for property types not covered by the higher degrees.¹
Second degree, a Class C misdemeanor, covers entering or remaining unlawfully in a building or on fenced or enclosed real property designed to keep people out.³
First degree, a Class A misdemeanor, covers entering or remaining unlawfully in a dwelling or on the premises of a licensed cannabis cultivator or processor.⁴

Walking onto unfenced land triggers the lightest offense. Climbing over a fence around a construction site bumps it to second degree. Entering someone’s home pushes it to first degree.

Penalties and Record Consequences

A violation is the lightest offense category in Alabama’s criminal code, but it isn’t penalty-free. Under Section 13A-5-7, a person convicted of a violation faces up to 30 days in county jail.⁵ The maximum fine is $200. First-time offenders without aggravating circumstances are unlikely to serve jail time in practice, but the statutory authority for it exists and judges have discretion to impose it.

For comparison, second-degree trespass carries up to three months in jail, and first-degree trespass carries up to one year.⁵

Even with a light sentence, a conviction creates a criminal record. Background checks run by employers, landlords, and licensing boards can pick it up. For a charge this minor, the record consequences often matter more than the fine itself.

Defenses to a Third-Degree Trespass Charge

Because the offense requires both unlawful presence and knowledge that the presence was unlawful, most defenses attack one of those two elements.

Consent or License to Be on the Property

If the owner or someone authorized to act on their behalf gave you permission, your presence wasn’t unlawful. It doesn’t have to be a written invitation. Implied consent counts, like a standing arrangement to use a neighbor’s driveway or a verbal agreement that was never revoked. The problem is proving it when the owner disputes the claim, which is where text messages, witnesses, and a documented history with the owner become critical.

Alabama law also provides automatic license to be on property open to the public unless you were personally told to leave by the owner or an authorized person.² If you were in a store, a park, or any publicly accessible space and no one ordered you out, that statutory license can defeat the charge outright.

Lack of Adequate Notice

For unimproved, unfenced land, you have a legal privilege to be there unless you received notice, either through personal communication or conspicuous posting.² Signs that were hidden, fallen, or too far apart, or purple paint marks that didn’t meet the statutory dimensions and spacing, may not qualify as legal notice.

Mistake of Fact

If you genuinely believed you had a right to be on the property, and that belief was reasonable under the circumstances, the “knowingly” element falls apart. Ambiguous property lines, misleading landmarks, or outdated ownership information can all support this defense. The key word is reasonable. A court won’t accept a mistake no sensible person would have made, but confusing one parcel boundary for another in a rural area with no clear markers is the kind of honest error this defense is built for.

Necessity

Entering property to prevent serious harm can justify what would otherwise be trespass. Sheltering in a barn during a tornado, crossing private land to reach an injured person, or entering a building to escape an immediate threat are the situations where necessity applies. The defense requires showing that the trespass was the only reasonable option to avoid the danger, and that the harm you were trying to prevent outweighed the intrusion on the owner’s rights.

Civil Liability Is Separate

A criminal charge isn’t the only exposure. The property owner can sue you in civil court for trespass, and the standards there are different. Even when there’s no physical damage, the owner can recover nominal damages for the violation of the right to control who enters the land. Alabama courts have also allowed punitive damages in trespass cases where the entry was accompanied by recklessness, malice, or deliberate disregard for the owner’s rights. Actual damage adds the cost of repairs or lost value on top.

Clearing a Trespass Conviction from Your Record

Alabama allows people convicted of violations to petition for expungement under Section 15-27-1. To qualify, you have to meet all of the following:

All probation, fines, court costs, and restitution have been fully paid.
Three years have passed since the date of conviction.
The conviction does not involve a violent offense, a sex offense, or an offense involving moral turpitude.

You file the petition in the criminal division of the circuit court in the county where the charges were originally brought.⁶ Third-degree trespass is neither violent nor a sex offense, so the main hurdles are completing the sentence and waiting out the three-year period. If the charge was dismissed rather than resulting in a conviction, the waiting period is shorter and the process is more straightforward.

Expungement seals the record from most background checks, which is worth pursuing if a conviction is creating employment or housing problems that would otherwise follow you indefinitely.

1
Alabama Legislature. Alabama Code 13A-7-4 – Criminal Trespass in the Third Degree
2
Alabama Legislature. Alabama Code 13A-7-1 – Definitions
3
Alabama Legislature. Alabama Code 13A-7-3 – Criminal Trespass in the Second Degree
4
Alabama Legislature. Alabama Code 13A-7-2 – Criminal Trespass in the First Degree
5
Alabama Legislature. Alabama Code 13A-5-7 – Sentences of Imprisonment for Misdemeanors and Violations
6
Alabama Legislature. Alabama Code 15-27-1 – Petition to Expunge Records