Massachusetts Criminal Defense Lawyer

Law Offices of Russell J Matson, PC - Criminal Defense

Free Initial Consultation

Call or TEXT Now!

(781) 817-6332

  • Home
  • Case Wins
  • Massachusetts Criminal Charges
  • Criminal Court Process
    • Clerk Magistrate’s Hearing
    • Frequently Asked Questions About Criminal Charges
    • How to Seal A Criminal Record in Massachusetts
    • Massachusetts CORI Reform
  • About
  • Blog

Trespassing

Though trespassing is against the law, it is an unusual charge to be faced with. Most incidents that are considered “trespassing” offenses are trivial enough to not involve the police and not be cause for arrest or a criminal citation.

A criminal trespassing charge in Massachusetts is nearly always the result of a deliberate and willful act, not a simple mistake of wandering into the wrong place.

It could be a political statement or protest, and be associated with a disorderly conduct or disturbing the peace offense.

Trespassing offenses may also be charged in conjunction with a domestic abuse accusation or a violation of a restraining order, in which you are on another person’s property who wishes to avoid contact with you or otherwise accused of harassing or stalking someone.

Trespassing Laws and Penalties

The penalties under the Massachusetts statute Ch266 Section 120 are very minor. The maximum penalty for trespassing on private property is a $100 fine and up to 30 days in jail.

Under the law, a formal notice must be communicated, either by posting a no trespassing sign on the property, or otherwise by direct notification.

trespassing laws

Trespassing on public property such as state land or state controlled institutions has a penalty of up to 3 months in prison. See MGL Ch266, Sec 123.

Fighting a Trespassing Charge

We can fight a trespassing charge on a variety of grounds, such as:

Case Wins – Trespassing
July 2018
Tresspassing
Westborough
Dismissed
May 2016
Public Tresspassing
East Boston
Pretrial Probation
  1. You weren’t notified.
  2. The person alleging trespassing didn’t have lawful control to forbid you.

We can also simply argue, particular if you receive a citation to a clerk magistrate’s hearing, that the offense is so trivial as to not rise to the level of being in the interest of the court and the Commonwealth to move forward with a prosecution.

Especially in the case of juvenile trespassing, whether adventure-seeking, hiking, or trying to get a great Instagram shot of a restricted area, like a quarry, or some decrepit and dangerous buildings. No one should be stuck with a criminal record that could impact a young person’s future for a trivial lapse in judgment.

I wrote a book about fighting cases and clerk’s hearings and how to avoid a criminal charge going forward.

Because these charges are rarely sought outside of other, more serious circumstances, you very likely need a lawyer to help you sort out exactly what is behind this charge, and how to resolve it without a criminal conviction on your record.

In particular, if it is a trespassing accusation related to a domestic situation, these cases can take some work to resolve to ensure the courts and the accuser that you are not a threat to that person.

public trespassing in Massachusetts
Public Trespassing Defense

In cases of public trespassing, the police and the Commonwealth may have arrested you because they feel you are a disruptive threat or a danger to public safety.

You may find that Federal Homeland Security agents or the FBI get involved in the investigation. In a case where there is a serious accusation behind this otherwise trivial charge, the legal problem you face is more than meets the eye.

Even though you truly did nothing wrong or serious, the authorities will be going at you hard to be sure you are not a threat, so the prosecutor for the Commonwealth isn’t going to dismiss the case until the Federal agencies have cleared you.

We have handled sensitive cases like this before, so please call us for help.

Call today for a free consultation on any trespassing offense you are accused of, with or without other related criminal charges.

Please Share!Share on Facebook
Facebook
0Tweet about this on Twitter
Twitter
Share on LinkedIn
Linkedin
Share on Reddit
Reddit
0Email this to someone
email

Free Consultation

Contact our attorneys for a free legal case evaluation on any criminal charge by calling:


(781) 817-6332


Receive our free legal defense consultation and case evaluation. We'll explain what you are facing in plain language, and tell you how we can help.

How to Win a Clerk Magistrate’s Hearing

I wrote the book on winning your case at a Clerk Magistrate's hearing. My book on How to beat a Clerk Magistrate's Hearing.
Complete this Form





Buy my book on Amazon

Or just email me and I'll send you a copy.
Seriously.
Don't really buy it. Just submit my web form above with your mailing address and we will send you one for free! No obligation.

How to Beat Your Clerk Magistrate's Hearing

$9.97
Shop Now

Criminal Procedures

  • Do I Need a Lawyer for an Arraignment in Massachusetts?
  • How to Avoid a Criminal Record – Pretrial Probation vs Pretrial Diversion
  • What To Do While You Are Waiting For a Clerk Magistrate’s Hearing Date
  • I Know I Am Guilty. Should I Just Plead Guilty in Court?
  • How Much Does a Criminal Lawyer Cost in Massachusetts?

OUI Charges

  • OUI (First Offense)
  • OUI Second Offense
  • OUI Third Offense (and Greater)
  • OUI Marijuana or Operating Under the Influence of Drugs
  • Massachusetts OUI Penalties: Third, Fourth and Fifth Offenses
  • Worried About Your OUI? Dealing with bad circumstances in OUI cases
  • How To Work Out a DUI Plea Deal in Massachusetts
  • Arrested for Drunk Driving? Taking the Case to Trial

Criminal Charges

  • Assault & Battery
  • Assault and Battery with a Dangerous Weapon (ABDW)
  • Bad Checks / Fraud
  • Burglary / Breaking and Entering
  • Child Endangerment
  • Hate Crimes
  • Disorderly Conduct
  • Domestic Violence
  • Drug Possession
  • Drug Possession – Class B Substance – Cocaine
  • Drug Possession – Marijuana
  • Drug Possession with Intent to Distribute
  • Failure to Appear
  • Firearms / Weapons Offenses
  • Harassment / Stalking
  • Hit and Run / Leaving the Scene of an Accident with Property Damage
  • Impersonating a Police Officer or Other Peace or Investigative Officer
  • Indecent Assault and Battery
  • Indecent Exposure
  • Larceny / Shoplifting / Theft
  • Leaving the Scene of an Accident with Personal Injury
  • Minor in Possession of Alcohol or False Identification
  • Motor Vehicle Homicide Citation
  • Operating to Endanger / Negligent Operation (Reckless Driving)
  • Open and Gross Lewdness
  • Prostitution
  • Property Damage / Malicious Damage
  • Resisting Arrest
  • Sexual Assault / Rape – Laws and Penalties
  • Suspended License
  • Solicitation – Engaging in Sexual Conduct For a Fee
  • Trespassing
  • Threatening to Commit a Crime
Russell J. MatsonReviewsout of 5 reviews

Copyright © 2023 Law Offices of Russell J. Matson, PC