Continuing Trespass

If you have been arrested on charges of repeatedly trespassing, you need to seek legal advice from a criminal defense lawyer.

While this may not be the most serious of crimes, it is not something that you want to mess around with.

An arrest is serious any time. And the first thing you need is to contact criminal defense attorney Michael Anzalone. Call us at The Anzalone Law Firm for help.

Our goal is to help you get back on your feet as soon as possible.

Why are you continually trespassing at someone’s property? Is this an estranged boyfriend or girlfriend? This can eventually turn into a stalking charge so you really need to be careful. Or is this the case of you encroaching on a neighbor’s property because of a dispute?

Trespassing, by state law, is typically a misdemeanor. But don’t let that fool you. You don’t want to be attached to any criminal activity.

You will need to get advice from a criminal defense lawyer. And you’ll need to heed that advice.

In New Hampshire, the criminal code sets trespassing penalties. You can read about them under unauthorized entries at RSA 635:2.

This is what criminal trespass means:

A person is guilty of criminal trespass if, knowing that he is not licensed or privileged to do so, he enters or remains in any place.

2. Criminal trespass is a misdemeanor for the first offense and a class B felony for any subsequent offense if the person knowingly or recklessly causes damage in excess of $1,500 to the value of the property of another.
3. Criminal trespass is a misdemeanor if:
   1. The trespass takes place in an occupied structure as defined in RSA 635:1, III; or
   2. The person knowingly enters or remains:
      1. In any secured premises;
      2. In any place in defiance of an order to leave or not to enter which was personally communicated to him by the owner or other authorized person; or
      3. In any place in defiance of any court order restraining him from entering such place so long as he has been properly notified of such order.

Any other type of trespass is a violation.

This is how these kinds of violations occur. For example, if you are at a girlfriend’s house and you get into an argument and are asked to leave, you can be charged with trespass if you refuse to go. It becomes a continuing trespass if you somehow keep coming back to the house repeatedly and refuse to leave.

This is where you need to be very careful. If law enforcement becomes involved in trying to remove you from the home, you can be charged with a variety of trespass charges.

The first thing your attorney will tell you is to never talk with investigators about your case without legal representation by your side. This is because anything you say can be used against you when your case heads to court.

Call us today at The Anzalone Law Firm in Nashua, New Hampshire, for a free consultation with Michael Anzalone.