Criminal Trespass in New Hampshire
With Law Offices in Manchester, NH
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Criminal Trespass in New Hampshire
With Law Offices in Manchester, NH
Do You Need Legal Help?
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Criminal Trespass in New Hampshire
New Hampshire Criminal Defense Lawyers
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.
Facing a criminal trespass charge?
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Frequently Asked Questions About Criminal Trespass in New Hampshire
What Is Criminal Trespass Under New Hampshire Law?
Under RSA 635:2, a person commits criminal trespass in New Hampshire 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. Criminal trespass is not confined to breaking into a home or business — it can occur in a wide range of circumstances including refusing to leave a bar, entering a secured business that is closed, or remaining on property in violation of a court order.
What Are the Different Levels of Criminal Trespass in New Hampshire?
Criminal trespass can be charged as a violation, a misdemeanor, or a felony depending on the circumstances. A misdemeanor applies when the trespass occurs in a structure, vehicle, or place adapted for overnight accommodation or business; when a person knowingly remains in a secured premises; when a person refuses to leave after being personally told to do so by an owner or authorized person; or when a person enters or remains in violation of a court order. All other criminal trespass is a violation. A subsequent offense that causes more than $1,500 in property damage can be elevated to a felony.
Can Criminal Trespass Be Elevated to a Felony?
Yes. A first offense is typically charged as a misdemeanor. However, a 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. Additionally, depending on the manner of entry and the intent of the person once inside, a Burglary charge under RSA 635:1 could also be filed.
Can I Be Charged With Criminal Trespass for Entering a Closed Business?
Yes. If a business is closed and you enter without permission, or if you enter someone’s home without permission, you can be charged with criminal trespass. If the premises were secured and this was not your first offense, the charge could be elevated to a felony depending on how entry was gained and what you intended to do once inside.
What Are Common Defenses to a Criminal Trespass Charge?
Common defenses include challenging whether the person actually knew they were not permitted to be on the property, whether they were given adequate notice to leave, whether the premises were clearly secured or posted, and whether proper authorization to order them to leave was given. An experienced attorney will review the specific facts of your case to identify the strongest possible defenses.
Do I Need a Lawyer for a Criminal Trespass Charge in New Hampshire?
Yes. Criminal trespass ranges from a violation to a felony depending on the circumstances, and even a misdemeanor conviction results in a permanent criminal record. At Tenn And Tenn, PA, our attorneys have defended many criminal trespass cases and have the experience to mount the best possible defense on your behalf. We offer free consultations to anyone facing criminal trespass charges throughout New Hampshire.
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Areas We Serve in New Hampshire
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 New Hampshire criminal defense 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.
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