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Criminal trespassing charges
Anonymous5 views3 answers
Is it considered Criminal Trespassing to be on a vacant property /building that is NOT posted NO TRESPASSING (no signage) and subsequently arrested for such? What would be my recourse?
Every unlawful entry onto another's property is trespass, even if no harm is done to the property. A person who has a right to come onto the land may become a trespasser by committing wrongful acts after entry. For example, a mail carrier has a privilege to walk up the sidewalk at a private home but is not entitled to go through the front door. A person who enters property with permission but stays after he has been told to leave also commits a trespass. Moreover, an intruder cannot defend himself in a trespass action by showing that the plaintiff did not have a completely valid legal right to the property. The reason for all of these rules is that the action of trespass exists to prevent breaches of the peace by protecting the quiet possession of real property.
In a trespass action, the plaintiff does not have to show that the defendant intended to trespass but only that she intended to do whatever caused the trespass. It is no excuse that the trespasser mistakenly believed that she was not doing wrong or that she did not understand the wrong. A child can be a trespasser, as can a person who thought that she was on her own land.
Thus your claim that you didn't know you were trespassing is not a defense.
I agree with my colleague, who has addressed all of the salient issues. If it was not your property, you are not entitled to enter without permission or license. It is not clear to me from the phrasing of your question whether you own the property at issue, or are the person entering the property. I therefore suggest you consult with an experienced legal counsel licensed to practice law in NH before you do anything else. Good luck.
DISCLAIMER
This response does not constitute legal advice. Given the nature of this website, it does not create an attorney-client relationship. This answer is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.