Trespassing is the crime of entering or remaining in the house, building, or boat of another, after having been forbidden to do so by the person who has lawful control of the premises, whether directly or by notice posted thereon.
The maximum penalty is 30 days in a county house of correction (HOC) and/or a fine of $100.
In order to prove that the Defendant is guilty of Trespassing, the Prosecutor must prove two things beyond a reasonable doubt:
- That, without right, the Defendant entered or remained in a house, building, or boat.
- That the Defendant was forbidden to enter or to remain there by the person in lawful control of the premises, either directly or by means of a posted notice.
Defense Strategies for Trespassing Charges
Our criminal defense attorneys at The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof have handled countless trespassing cases, and implemented numerous strategies to fight such charges.
Each case is unique, and as such, our tactics vary accordingly. We are often able to file motions to dismiss charges for lack of probable cause, and to suppress evidence that was obtained through an illegal search and seizure. If you have not been arrested, a motion can be filed to dismiss for failure to provide a show cause hearing. At other times, the District Attorney and/or police can be convinced to drop the case, or your record may be protected through Pre-Trial Diversion. Depending on your circumstances, we may even negotiate a Continuance Without a Finding (CWOF).
If you have been arrested for trespassing, you need professional help. Call The Law Offices of Elliot Savitz, Scott Bradley & Kenneth Diesenhof at, (781) 619-3147 and let us help you get you life back on track. By bringing our professional knowledge of the law to your side, we will defend your constitutional rights and freedoms.