Trespassing Charges
Trespassing is the unlawful act of entering or remaining on someone else’s property—such as a house, building, or boat—after being explicitly prohibited by the property owner or through posted notices. The maximum penalty for trespassing is 30 days in a county house of correction (HOC) and/or a $100 fine.
To secure a conviction for trespassing, the prosecutor must prove two key elements beyond a reasonable doubt:
- Unauthorized Entry: The defendant entered or remained on the property without legal right.
- Explicit Prohibition: The defendant was expressly forbidden from entering or remaining on the property by the person with lawful control, either directly or through posted notice.
Defense Strategies for Trespassing Charges
If you are facing trespassing charges, having an experienced attorney can make a significant difference. At The Law Offices of Elliot Savitz & Scott Bradley, we have extensive experience in handling trespassing cases and employ a range of defense strategies tailored to the specifics of each case:
- Motion to Dismiss: We may file a motion to dismiss charges if there is insufficient probable cause or if evidence was obtained through an illegal search and seizure.
- Pre-Trial Motions: If you have not been arrested, we can file a motion to dismiss for failure to provide a show cause hearing.
- Negotiation: In some cases, we can negotiate with the District Attorney or police to have the charges dropped or seek Pre-Trial Diversion to protect your record.
- Continuance Without a Finding (CWOF): Depending on your situation, we might negotiate a CWOF to avoid a conviction on your record.
Contact Us Today
If you have been arrested for trespassing, it is crucial to seek professional legal help. Call The Law Offices of Elliot Savitz & Scott Bradley at (781) 974-3429. Our knowledgeable attorneys will work diligently to defend your rights and help you navigate the legal process, ensuring that your case is managed effectively and with the utmost attention to detail. Let us help you get your life back on track.