Safe Havens

(A)  Aggravated Felonies.

            Trespass, like burglary, may or may not qualify as a theft offense, depending on the elements of the offense and the record of conviction.[170]  Also like burglary, trespass may qualify as a crime of violence, if the conviction is for trespass of a dwelling.[171]  Since trespass is a very minor offense, however, it is unlikely a sentence of one year or more would be imposed as is necessary to constitute a theft offense aggravated felony.

[170] See N. Tooby, Aggravated Felonies § 5.52, Theft (2003).

[171] See also § 8.38, “Burglary,” supra.