Criminal Trespass

Criminal Trespass in New Hampshire

Criminal Trespass in New Hampshire can be a serious criminal offense. It can be charged as a violation, a misdemeanor, and even a felony. Criminal trespass can occur in several circumstances; it isn’t confined to someone breaking into a home or business.

Under New Hampshire Law RSA 635:2, someone has committed criminal trespass if they know they are not licensed or privileged to be in a place, or if they remain in a place after being told to leave. A first offense is a misdemeanor. Any subsequent offense during which the offender causes more than $1,500 worth of damage to the other person’s property is classified as a felony.

The state delineates a misdemeanor criminal trespass charge as such:

  • The trespass happens in any structure, vehicle, boat or place adapted for overnight accommodation of persons, or for carrying on business therein;
  • The person knowingly remains in any secured premises;
  • The person knowingly remains in a place after being ordered to leave or to not enter which was personally communicated by the owner or other authorized person;
  • The person enters or remains in a place in defiance of a court order restraining him from entering.

All Other Criminal Trespass is a Violation

Criminal trespass can occur under a number of scenarios. For example: If someone has been asked to leave a bar or restaurant and refuses, they are committing criminal trespass. Because the bouncer, owner, or other authorized person has asked the patron to leave and they refuse, this could result in a misdemeanor charge of criminal trespass.

If that same person went back to the bar and committed a subsequent offense, and in the process damages chairs, tables or property causing $1,500 worth of damage, he or she could wind up facing a felony criminal trespass charge.

Trespass Charges Can Be Serious

Criminal trespass can also occur under the following scenario: A business is closed for the day or if you don’t have permission to enter someone’s house--but you enter into either of these places. You could be charged with criminal trespass. You do not have permission to enter and the premises had been secured. Depending on whether this was your first offense and how entry was gained, this could be elevated to a felony charge rather than a misdemeanor. Depending on what you intended to do once inside, a Burglary charge (NH RSA 635:1) could be filed against you.

If you have been charged with Criminal Trespass in NH, it is critical that you contact a NH Criminal Defense Attorney as soon as possible to discuss your legal charges. The NH criminal lawyers at Tenn And Tenn, P.A. have defended many Criminal Trespass cases. They have the experience and the knowledge to mount the best possible defense on your behalf.  

We are here to help and can be reached at (888) 332-5855.


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