What Constitutes Criminal Trespass?
You are guilty of Criminal Trespassing in NH if, knowingly that you enter or remain in any place and are not licensed or privileged to do so.
Give me an example of Criminal Trespass:
Criminal Trespass cases often occur is several contexts. For instance, you’re at your girlfriend’s apartment and you get into a verbal argument. Your girlfriend tells you to leave. However, rather than leave, you plant yourself on the couch and continue watching the fourth quarter of the football game, ignoring the command to leave. This constitutes Criminal Trespass.
You’re up in your tree stand. You’ve had a hunkering for some venison stew for weeks now and today you’re going to get that deer. Suddenly, you see a monstrous deer right in your cross-hairs. You take a deep breath and line up your shot. Just then the cell phone rings! It’s your law partner wondering where you are. You slam down the phone, jump from the tree stand and chase that deer for miles through the woods, ignoring all posted “No Hunting or Trespassing” signs. That’s Criminal Trespassing.
Penalties upon a conviction for Criminal Trespass:
Criminal Trespass can be charged as a felony, misdemeanor or violation depending upon the circumstances.
Felony: You may be charged with a felony for a subsequent offense where you knowingly or recklessly cause damage in excess of $1,500 to the property of another.
Misdemeanor: You may be charged with a misdemeanor when:
- The Criminal Trespass takes place in an “occupied structure”;
- You knowingly remain in any secured premises;
- You knowingly remain in any place in defiance of an order to leave or not to enter which was personally communicated to you by the owner or other authorized person;
- You knowingly enter or remain in any place in violation of a court order.
Violation: All other Criminal Trespass in a violation.
What do I do now?
You pick up the phone and call (or email) Attorneys Justin Shepherd and Mark Osborne. It does not cost you anything to speak with us.
Our telephone number is: 603-595-5525